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HomeMy WebLinkAbout11/21/1995 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS November 21, 1995 7:15 P.M. MEMBERS PRESENT: Chairman Birdwell and Members Rife, Sawtelle and Hollas. MEMBERS ABSENT: Member Poston and Alternate Members Alexander, Ochoa and Blackwelder. STAFF PRESENT: Staff Planner Dunn, Planning Technician Thomas, Senior Planner Kuenzel, City Planner Kee 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. AGENDA ITEM NO. 2: Approval of minutes from the meeting of November 7, 1995. ~~ Mr. Sawtelle moved to approve the minutes from the meeting of November 7, 1995 with the correction of paragraph number one m the "other business" session of the agenda. Mr. Rife seconded the motion which passed unopposed (4 - 0). AGENDA ITEM N0.3: Consideration of a variance request to the rear setback, lot size and lot depth at 401 and 401 A Park Place, lot 1 and 15' of lot 2, block A of the College Park Subdivision. Chairman Birdwell explained to the applicant that since only four Board members are present, in order to grant the request, a positive vote must be unanimous. He stated that the applicant can have the hearing tonight with the four members present or the Board can defer action until all five members are available. Applicant Clyde Gillen stated that he wanted the Board to consider the request with the four members present. Staff Planner Dunn informed the Board that the applicant wants to immediately add on to the building at 401 A Park Place, an additiona1360 square feet to the existing 360 square foot house. Section 8 of the Zoning Ordinance allows more than one principle structure on a lot, as long as yard requirements are met - as though the houses are located on separately platted lots. The intent of this standard is to allow the owner the option of later replatting or subdividing the lot and selling the structures separately. However, the subject property, which contains the two houses, does not conform to current lot depth and area standards. Essentially, the applicant is requesting the following: (Since there has not been a property survey, the following measurements are best estimates based on the information available.) 401 Park Place: • _ Rear setback variance of 5.5' (proposed setback of 19.5'). _ Lot depth variance of 24.5' (proposed depth of 75.5'). 401 A Park Place: _ Lot depth variance of 12' (proposed depth of 88'). • _ Lot width variance of 8' (proposed width of 42'). _ Lot area per dwelling unit variance of 1,393 s.f./d.u. (proposed lot area of 3,607 square feet per dwelling unit). Staff Planner Dunn stated that the property is located in an older area and pre-existing site nonconformity's are offered as special conditions in this case. It is difficult to determine when the second house (401 A Park Place) was constructed on the lot. However, it is reasonable to assume that the lot size and area standards at that time were not the same as current standards. Given the size limitations of the current structures on the lot, the applicant offers buildable area as a hardship. The expansion could occur in other areas surrounding the existing structure without a setback variance. Chairman Birdwell opened the public hearing. The owner of 501 Park Place, Stella Wilkes of 9552 River Road approached the Board and was sworn in by Chairman Birdwell. She stated that she is not opposed to the applicant improving the property; however, one of the biggest advantages of that particular area are the large lots. Ms. Wilkes also expressed concern of the negative effects the request will have on the surrounding neighborhood including decreased property values and the precedent the case would establish. Peter McIntire of 611 Montclair approached the Board and was sworn in by Chairman Birdwell. He stated that his home is the oldest house in College Station. He expressed opposition to the request and stated that over the past ten years, the neighborhood has been improving. The area is now a mix of single family residences and rental property. Currently, this mix is acceptable; however, if the neighborhood moves towards smaller units and lots, the neighborhood will rapidly deteriorate. Chairman Birdwell closed the public hearing. Mr. Rife stated that he is concerned with taking a nonconformity and never being able to bring it back into compliance with the Zoning Ordinance. There are also no special conditions or hardships to base the variance requests and the spirit of the ordinance would not be maintained. Mr. Rife moved to deny the variance from Section 15, Ordinance Number 1638 to the lot width, lot depth, minimum setback and area per dwelling unit 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. Sawtelle seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 4; Other business. There was no other business. AGENDA ITEM NO. S: Adjourn. Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Ms. Rife seconded the motion which passed unopposed (4 - 0). APPROVED: ~ G (~ Chairman, Dick Birdwell • S lan ing a cian, atalie Thomas ZBA Minutes November 11, 1995 Page 3 of 3 ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to deny a variance to the yard (Section 8.T) ~ot width (Table A) lot depth (Table A) minimum setback ~arking 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 the spirit of this ordinance shall be observed and substantial justice done. Motion made by ~ ~ ~~ ~ Date ~ ~ ~- l Seconded by Chair Signature Voting Results ~--~ VARN1638.DOC Zoning Board of Adjustment Guest Register • Date G~~~ Name _ Address 3. ~o ~l i~~ ~-~ 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.