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HomeMy WebLinkAbout08/15/1995 - Regular Minutes - Zoning Board of AdjustmentsI• MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS August 15, 1995 7:00 P.M. • MEMBERS PRESENT: Acting Chairman Sawtelle, Members Rife, Poston and Hollas and Alternate Member Blackwelder. MEMBERS ABSENT: Chairman Birdwell and Alternate Members Ochoa and Alexander. STAFF PRESENT: StaffPlanner Dunn, Planning Technician Thomas and Assistant City Attorney Reynolds. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Mr. Sawtelle 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 August 1, 1995. Mr. Blackwelder moved to approve the minutes from the meeting of August 1, 1995 as written. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a variance request to the rear setback requirements to allow a carport on lot 10, block 2 of the Woodway Village Section II Subdivision, 1818 Woodsman Drive. Staff Planner Dunn presented the staff report and informed the Board that the applicant recently constructed a carport located directly adjacent to the existing alley. The carport placement is thereby considered an encroachment into the rear setback, and the applicant is requesting a variance of 20'. In essence, the applicant is requesting that non-enclosed carports not be required to meet rear setbacks. However, the Zoning Ordinance states directly that such setbacks shall apply to carports. A change in this standard would require an ordinance amendment. In general, staff has not identified specific conditions or hardships unique to this site other than financial hardship due to the possible removal of the existing structure. The only alternative to the variance is an ordinance amendment which would have to be considered by the City Council. There is no room on the site to relocate the carport without a variance. The applicant does not wish to relocate the carport closer to the duplex because it will cover the rear yard area. The applicant has mentioned that other carports currently exist adjacent to alleys in the same neighborhood. Staff has identified three such carports along an alley in block 1 of Woodway Village. At this time, staff has not been able to locate building permits on these three carports. One of the carports was built in the last two years and a building permit was not issued for that lot. The Building Official is prepared to go into code enforcement on the three existing carports. Twelve surrounding property owners were notified of the variance request with one call in opposition to the request. Mr. Sawtelle opened the public hearing. Applicant Carl M. Pearcy, Jr. of 2908 Cherry Creek Circle in Bryan approached the Board and was sworn in by Mr. Sawtelle. He stated that he and his contractor came to the City and purchased a Zoning Ordinance and City Code book and read them both thoroughly before constructing the carport. Mr. Pearcy stated that in the Zoning Ordinance, portable structures are allowed to violate the rear setback requirement and do not require a building permit. Mr. Pearcy stated that the carport was designed so that it would be portable and disassembled in a few hours. However, there is not a • definition of a portable structure in either code book. Mr. Pearcy stated that he did not know that a building permit was required until an inspector came by and asked them to stop working on the carport until the necessary permits were issued. After talking to the Building Official, it was determined that there was an amendment to the code book that defines a portable structure and places size limitations of 100 square feet or less. Mr. Pearcy informed the Board that he owns four duplexes in the same general area and he is trying to provide upscale rental housing for the community. Mr. Pearcy concluded that with regard to the intent of the Zoning Ordinance, the carport meets the overall intent of controlling population density and access to light and air. Contractor Gerald Townsend of 902 Welsh in College Station approached the Board and was sworn in by Mr. Sawtelle. He stated that the proposed carport is made out of apre-engineered metal system and is guaranteed for twenty years. Mr. Townsend stated that Mr. Pearcy has invested a lot of money into the existing carport and that it will enhance the existing residence. Mr. Sawtelle closed the public hearing. Mr. Rife stated that in terms of the intent of the ordinance, the proposed carport is in compliance; however, there is no special condition in this particular case. He stated that he would like to explore a possible amendment to the ordinance. The existing alley will always be a buffer between the duplexes in that area. Mr. Hollas stated that he is sympathetic to the applicant and would like to congratulate him on the quality of the duplex. However, the Zoning Board cannot grant the applicant any relief other than recommend an ordinance amendment. Mr. Hollas moved to deny a variance from section 15, ordinance number 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. Rife seconded the motion which passed unopposed (5 - 0). Mr. Hollas moved to request that the City Council consider an amendment to the Zoning Ordinance to permit the construction of carports within the rear setback area in cases similar to the case presented tonight with a rear alley. Mr. Hollas stated that he would like to bring this issue to Council's attention so that they can determine the necessary course of action. The City Council can direct staff to research this issue, prepare an ordinance amendment or whatever they determine is appropriate. Mr. Blackwelder seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 4: Other business. There was no other business. AGENDA ITEM NO. S: Adjourn. Mr. Blackwelder moved to adjourn the meeting of the Zoning Board of Adjustment. Ms. Poston seconded the motion which passed unopposed (5 - 0). ,~ • P ing ec ian, a a ie Thomas ZBA Minutes August IS, 1995 APPROVED: i~`C~ Chairman, Dick Birdwell Page 2 of 2 ZONII~TG BOARD OF ADJUSTNiEN'r • FORMAT FOR NEGATIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to deny a variance to the yard (Section 8.T) lot width (Table A) lot depth (Table A) minimum setback parking requirements (Section 9) 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 tYt pirit of this ordinance shall be observed and substantial justice done. ~ /PCo~~r ( @OnSi~c~ Ar- ~fw~tn~rti~ cbd;k7~~ {I~e ~oc~c ~.~c4 re .,rcl-s #h~# ~ r„; I~r to aP ~n ~ 1 a } ~ ~joY.Str~cki~r OF cafV~ ~ ~~ fii-~ Y'C~tr S~ btc{c Fit ~h C~ftS SI ~~ t~l~;r~ tt j-o 4crrnC .}-(~ case (Jtcsc~.. 'E"orvsf~'~ ;~.~ p _ n b Motion made by ~/ hi ~°~`~`O~ Date g~ ~ 5 ~ °' ~n Seconded by ~ Voting Results Chair Signature v~uvisssooc `(l'~ ~lackwc t~« "i ` ~ cat. `~C~ra~O ~~ ~t,SSla • Zoning Board of Adjustment Guest Register Date Name 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.