Loading...
HomeMy WebLinkAbout03/05/1996 - Regular Minutes - Zoning Board of Adjustments- MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS March 5, 1996 7:00 P.M. • • MEMBERS PRESENT: Chairman Birdwell, Members Poston, Rife and Sawtelle and Alternate Member Ochoa. MEMBERS ABSENT: Member Hollas and Alternate Members Blackwelder and Alexander. STAFF PRESENT: Staff Planner Dunn, Planning Technician Thomas, 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 of the Board. AGENDA ITEM N0.2: Approval of minutes from the meeting of February 6, 1996. Mr. Sawtelle moved to approve the minutes from the meeting of February 6, 1996 as written. Mr. Rife seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a side setback variance request at 1600 Austin, lot 1 and part of lot 2, block 10 of the Southwood Valley Section One Subdivision. Applicants are William and Janice Kyle. Staff Planner Dunn presented the staff report and stated that the purpose of the variance request is to rectify an existing encroachment for the replatting and clear title for future resale of the property. A recent property survey conducted during the sale of the property revealed that the existing house encroaches by approximately 4.3' into the "left" side setback on the east side of the lot. Further investigation revealed that twenty years ago the house was constructed slightly over the side property line onto a portion of lot 2 in order to retain some existing trees on the west side of lot 1. A small triangular portion of lot 2 was deeded over to the owner of lot 1 in order to accommodate the building placement. However, it was also discovered that the property was never formally filed as an amending plat. Furthermore, the deeded portion of lot 2 was not wide enough to accommodate a 7.5' side setback for the house on lot 1. At the time of the sale of the property, staff informed the seller's agent that the City did not intend to take enforcement action to prevent the sale of the property. However, the agent was also informed that the City would not issue any future building permits on the property such as building remodels or additions until a replat is filed. Since the current deeded portion of the property is not wide enough to be approved as a replat, the applicant was informed that in order to receive replat approval, they must either acquire additional land from the owner of lot 2, or request a variance from the Board. The owner of lot 2 has been approached regarding the additional land for plat approval and is unwilling to sell or give away any additional land. Therefore, in order to file the replat and clear title for future sale of the property, the applicant is requesting a variance of 4.3' to the side setback. Although the property itself is not significantly different from other lots found throughout the city, the Board may consider the location of the existing trees as a special conditions that led to the existing encroachment. The applicant views the encroachment and illegal subdivision as an inherited hardship which prohibits the applicant, as well as the owner of lot 2, from obtaining building permits for future enhancements. It is also considered a hindrance to the future sale of the property. The single alternative to the variance is to relocate the "deeded" property line such that the house meets a 7.5' side setback. This appears to be a feasible alternative, in light of the fact that the two houses are located approximately 21' apart. Approximately 30 surrounding property owners were notified of the variance request with no responses in opposition to the request. • Chairman Birdwell opened the public hearing. Applicant William Kyle of 1600 Austin approached the Board and was sworn in by Chairman Birdwell. He stated that he and his wife purchased the home four weeks ago and only recently found out about the encroachment problem a few weeks ago. Mr. Kyle stated that he is willing to work with his neighbor through the platting of the property to cleanup the existing problem. Chairman Birdwell closed the public hearing. Mr. Rife stated that it is definitely an inherited problem that the owner was not aware of when he purchased the property and there is only a small percentage of the house that encroaches into the side setback area. Ms. Poston stated that in all likelihood, the house next door will not expand in the direction of lot 1 because it would be too small of an area and out of place. Alternate Member Ochoa moved to authorize a variance from Section 15 of Ordinance Number 1638 to the minimum setback requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the location of existing trees led to the encroachment; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: unwillingness of adjacent property owner to sell additional property which would further decrease the size of their own front yard, and would involve the relocation of the existing fence and landscaping; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: limited to the existing encroachment. Ms. Poston seconded the motion which passed unopposed (5 - 0). • AGENDA ITEM N0.4: 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. Mr. Rife seconded the motion which passed unopposed (5 - 0). APPRO i~Y' / C hairman, Dick Birdwell TTE ~ , ~' i~ ec nician, Natalie Thomas • ZBA Minutes March S, 1996 Page 2 of 2 r ZONING BOARD OF ADjUSTN1II~iT • FORMAT FOR POSITIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to authorize a variance to the yazd (Section 8.T) lot width (Table A) / lot depth (Table A) V minimum setback pazking 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: / / ,,~~ / /) G /~L~T7vn ®-F exr.s ~3f~ ~s^ec! /Cap ~o ~`~+~ ~CnGV,nac,~i.r-~,,1~ • and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~1b/i f l ntA~JJ O~ ~d ~ L tt~.r~~Q~6r~ O c.sn fig 7b .rG ~~ d~~ ~a~.iCl ~o~t~~ sil~iLh LMG/~~ ~Y' ~!-e^ L7iGLre6c1G ~kc _ _~ o o~ ~5 ~ii~ o w ~ 1ti~-f' y.~r-r~ .cn.L uo.. /d /7 ro/v•. ~'~ ~ ; rG~O ~~ ,~ 'e'~ L'~G tCX i J~4 ~M+« 4..I~ `~G...r<JGa~i.a and such ~at the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: Motion made b~ Seconded by Chair Signature Date 3-S~q~ Voting Results Y.4RP1638.DOC Zoning Board of Adjustment • i• Guest Register Date Name Address 2. rvc~ ~~~ ~ ~~~~~ ~?~ ~S. ~ ~ ~ `~ .~" 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.