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HomeMy WebLinkAbout10/18/1994 - Regular Minutes - Zoning Board of AdjustmentsMINUTES n U MEMBERS PRESENT: October 18, 1994 7:00 P.M. MEMBERS ABSENT: STAFF PRESENT: Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS Chairman Birdwell, Members Hollas and Alternate Members Alexander and Blackwelder. Members Sawtelle, Poston and Rife and Alternate Member Ochoa. Planning Technician Thomas, Staff Planner Kuenzel and Staff Planner Dunn. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Birdwell called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of minutes from the meeting of September 20, 1994. • Mr. Blackwelder moved to approve the minutes from the meeting of September 20, 1994 as written. Mr. Alexander seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 2: Consideration of a side setback variance request to allow the addition of a garage on an existing slab at 302 Francis Drive, lot 9 of block 12 of the College Hills Estates Phase Three Subdivision. Staff Planner Dunn presented the staff report and stated that the applicant wishes to build the proposed garage at approximately 2' from the side property line, which would be a variance of approximately 5.5'. An existing accessory structure also encroaches into the side setback by 4' 3". The following are three alternatives to the placement of the proposed garage: (1) The garage can be placed on the existing slab, but within the allowable area outside of the setback. This alternative would allow a maximum of approximately 15' width for the garage, and would be the least costly solution. (2) The garage can be placed further into the front yard in the area of the existing driveway which will allow the desired width. (3) The garage can be placed in the rear yard, accessible by a new driveway on the southwest side of the property. The applicant does not desire this alternative for cost and appearance reasons. Staff Planner Dunn informed the Board that on March 7, 1989, the Board granted a side setback variance on a similar property in the College Hills Subdivision located at 304 Kyle Avenue. The request was for an existing garage to be allowed to expand 2.5' into the side setback area. The • special condition was that 5' setbacks are common in the neighborhood and are adequate for light and air separation between existing structures. Fourteen surrounding property owners were notified with one inquiry. Chairman Birdwell opened the public hearing. Applicant Sandra Siddall approached the Board and was sworn in by Chairman Birdwell. She stated that the garage cannot be placed in the front of the home due to the 40' front setback requirement in the deed restrictions. Ms. Siddall stated that she did not know there was a • problem with the existing slab until one week before closing. A one car garage would be acceptable. Chairman Birdwell informed the applicant that since only four members are present to consider the variance request, it would take a unanimous vote to grant the variance request. He stated that ' Ms. Siddall could request that all five members be pr~Sent to consider the variance request at a later date. Ms. Siddall agreed to allow the four members present the consider the variance request. Chairman Birdwell closed the public hearing. Mr. Hollas moved to deny the variance request from Section 15, Ordinance 1638, to the minimum setback requirements 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. The motion died due to lack of a second. Mr. Blackwelder stated that there should be some compromise to allow the construction of at least a one car garage. Staff Planner Dunn informed the Board that a one car garage can be constructed without a variance. Mr. Hollas stated that there are other alternatives to the proposed variance request including • building a one car garage or using the existing accessory structure on the site. He moved to deny the variance request from Section 15, Ordinance 1638, to the minimum setback requirements 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. Blackwelder seconded the motion. Mr. Alexander stated that he did not see a problem with the variance request as long as a condition is placed on it so that there is a minimum of 10' between structures. The proposed garage will not damage the neighborhood as a whole. The motion to deny the variance request passed (3 - 1); Mr. Alexander voted in opposition to the motion. AGENDA ITEM NO. 3: Other business. Chairman Birdwell informed the Board that he spoke with Assistant Director of Economic and Development Services Jim Callaway about a future training session for the Board. AGENDA ITEM NO. 6: Adjourn. Mr. Hollas moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Blackwelder seconded the motion which passed unopposed (4 - 0). • S P an g ec nician, Natalie Thomas APPROVED: ~Z~ . Chairman, Dick Birdwell ZBA Mimrtes October 18, 1994 Page 2 of 2 ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 15, .Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) ~/~minimum setback 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: n and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: e;.-.n 1 1 . , ~l n _ _ ..~ ~ n .~ 1.( /1 ~~1f1.~r .QA~ J ~ QCI~I t 013__ ~W / ~~u~'~~'l, w~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: .,,,, C7 Motion made by ~~, ~ t ~ P Date ~ ~ ~_ Seconded by Voting Results Chair Signature Y.SRP! 638.DOC