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HomeMy WebLinkAbout01/17/1995 - Regular Minutes - Zoning Board of AdjustmentsMINUTES U Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS January 17, 1995 7:00 P.M. • • MEMBERS PRESENT: Chairman Birdwell, Members Sawtelle, Poston, Hollas and Alternate Member Ochoa. MEMBERS ABSENT: Member Rife and Alternate Members Alexander and Blackwelder. STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel, Staff Planner Dunn and Assistant City Attorney Shively. 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 N0.2: Approval of minutes from the meeting of November 15, 1994. Mr. Sawtelle moved to approve the minutes from the meeting of November 15, 1994 as written. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a variance request to the minimum lot area requirements of 403 Cooner Street, lot 19, block 1 of the Cooner Addition, to allow two duplex units to be placed on one R-5 Medium Density Apartments zoned lot. Staff Planner Dunn presented the staff report and informed the Board that the Zoning Ordinance allows more than one principal structure to be built on a lot if the structures are within the minimum setbacks and lot sizes required, as if the property is divided into separate lots. The R-5 Medium Density Apartment districts allows for the construction of apartment buildings; however, duplexes that are built in R-5 districts must be built to R-2 Duplex district standards. The R-2 district standards require a minimum lot depth of 100' per duplex. Therefore, two duplexes would require a total depth of 200'. The depth of the proposed lot is 188', which would require a variance of 12', or 6%. The applicant offers special conditions such as narrow lot size, blanket easement and the electrical line location. By observing the original plat, it is clear that the original lot sizes were intended for single family units. At the time the property was platted, a mix of residential uses was allowed under the previous R-1 zoning. Subsequent rezonings were accommodated as R-1 standards and uses became more restrictive. Now that the area is zoned R- 5, the existing lot sizes make it difficult to develop multifamily units under current standards. The blanket easement allows the City to alter any portion of the property in order to service the lines. Once a specified electrical easement is located and dedicated, the blanket easement will be lifted. The electrical line location is considered a hardship because it limits the placement of the buildings. The applicant can construct medium density apartments on the lot, under R-5 standards (there would be no restriction on lot size or area; but again, it would be difficult to fit such a development on this lot), construct one duplex on the lot or construct one single family house on the lot. Staff Planner Dunn stated that on November 11, 1994, the Board denied a variance for the property located at 503 Cooner Street. This t`equest, however, dealt with the minimum square footage of land area for duplex dwelling units in an R-2 district. The current case is quite different from the November 11 case because it is located in an R-5 district. R-5 districts allow twice as many dwelling units per acre as R-2 districts. The proposed duplexes are well within the intent of the ordinance for minimum density and setback requirements. The sole request in this case is a variance to the minimum lot depth. Fourteen surrounding property owners were notified with two inquiries. Chairman Birdwell opened the public hearing. Roy Hand of 1300 Walton Drive approached the Board and was sworn in by Chairman Birdwell. He informed the Board that he owns the Scholars Inn Apartments adjacent and to the west of the subject property. Mr. Hand stated that the proposed development seems to be well planned and would be an improvement to the existing abandoned property. He did request that the applicant look at the possibility of preserving the existing large oak tree close to the property line near parking spaces three and four on the site plan. David Evans of 507 Kyle Avenue approached the Board and was sworn in by Chairman Birdwell. He informed the Board that he owns the home at 405 Cooner adjacent and to the east of the subject property. Mr. Evans expressed concern of the location of the proposed driveway and the close proximity to his house. When the home was constructed forty years ago, it met the ordinance requirements and was built only three feet away from the property line. The traffic from four units traveling down a driveway only a few feet away from the existing house will be a nuisance. Mr. Evans stated that he supports any improvement to the area; however, he has to look out for the current tenants at 405 Cooner. Chairman Birdwell closed the public hearing. • Mr. Hollas stated that the request is about a six percent variance and the site plan is certainly an improvement to the area especially with respect to the garages and additional off street parking provided above the ordinance requirements. Applicant J.J. Johnson of 3011 Cochise Court approached the Board and was sworn in by Chairman Birdwell. He stated that the proposed drive location is where the existing drive is currently located on the property. The driveway cannot be moved to the west side of the lot because of the existing manhole cover. If the property was developed under the R-5 requirements, the driveway would have to be much larger and the units would have to be located on the rear of the lot. Mr. Johnson stated that he could move the drive by a few feet; however, there are not any ordinances requiring a particular setback of a driveway. He stated that there is an existing chain link fence between the subject property and Mr. Evans's property that will be replaced with a privacy fence. Mr. Hollas stated that he understands Mr. Evans's concerns; however, if the subject property met the minimum lot depth requirements, he would still have the same problem. Mr. Hollas moved to authorize a variance from section 15 of ordinance number 1638 to the lot depth (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 electrical line location and the blanket easement location; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the inability to fully develop the property to its best use consistent with the spirit of the ordinance; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). ZBA Minutes January 17, 1995 Page 2 of 3 AGENDA ITEM N0.4: Other business. Staff Planner Kuenzel informed the Board that the City is going to take stronger action than in the past on the Santini property located along Cooner. If the property is not cleaned up within a certain period of time, the City will begin to cite the property owner. AGENDA ITEM NO. S: Adjourn. Ms. Poston moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Hollas seconded the motion which passed unopposed (5 - 0). APPRO • ~ i ~C~~~ Chairman, Dick Birdwell AT 1 'ng Tec 'cian, Natalie Thomas • • ZBA Minutes January 17, 1995 Page 3 of 3 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.T) lot width (Table A) `~C lot depth (Table A) minimum setback parlang requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditionns: ~6 /~ f --ice-' n~,,,~,Q ~+"~ ,~trr..Y~.~- ,~' <i :~pr°r ~:i~'.. ,l~ ~s Cr t t ~u~4~ ~ ~,~ ~QrC l~-~' ° ~,.~', 1 ~~~~~~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: Motion made by S ~ ~ Date ~ ~! 1 ~ ~ S Seconded by 3 rj ~ Voting Results ~ w ~ Chair Signature YARP1638.DOC f~ i• i• Zoning Board of Adjustment Guest Register Da ~'7~/99.~ Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.