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HomeMy WebLinkAbout11/19/1996 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS November 19, 1996 7:00 P.M. • MEMBERS PRESENT: Chairman Rife and Members Blackwelder, Hollas, Alexander and Alternate Member Anderson. MEMBERS ABSENT: Member Sawtelle and Alternate Members Ochoa and Taggart. 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 Rife called the meeting to order and explained the functions of the Board. AGENDA ITEM N0.2: Approval of minutes from the meeting of September 17,1996. Mr. Blackwelder moved to approve the minutes from the meeting of September 17, 1996 as written. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AGENDA I'T'EM NOS. 3 & 4: Consideration of two variance requests to the side and rear setback requirements at 2312'Auburn Court, lot 2, block 1 and 2308 Auburn Court, lot 4, block 1 of the Brentwood #3 Subdivision to allow the existing storage buildings to remain in their present location. Staff Planner Dunn presented the staff report for both variance requests at 2312 and 2308 Auburn Court. He stated that on October 4, 1996, the City's Code Enforcement Officer issued a letter to the owner of the subject properties stating that the accessory buildings which were under construction required the issuance of a building permit, and would also be required to meet all applicable building setbacks. The owner has acknowledged the letter by submitting a request for a variance in order to rectify the existing encroachments and clear the structures for building permit issuance. The Building Code requires all structures that aze over 100 squaze feet, that have a permanent slab, or that have utility service to obtain a building permit. These structures aze identified in the Zoning Ordinance as accessory structures, which must conform to a side setback of 7.5 feet and reaz setback of 15 feet (temporary structures under 100 squaze feet do not require a building permit, nor are they required to meet building setbacks). While the reaz access driveways and narrow lot widths serve to remove parking areas from public view, they also reduce the amount of green space or buildable azeas in the rear yazd. The subject structures aze located within a small fenced-in rear yard azea. In order to meet all required setbacks, the structures would have to be placed in the center of the rear yazd area, which would reduce the outdoor yazd space. The accessory building located at 2308 Auburn Court, which is currently 90 percent complete, is approximately 144 squaze feet and has a permanent concrete slab foundation. The structure is located approximately 3.5 feet from the (south) side property line and 3.5 feet from the rear property line. • Therefore, in order to rectify the encroachment, the applicant is requesting a variance of 4 feet to the side setback and 11.5 feet to the rear accessory structure setback. The accessory building located at 2312 Auburn Court, which is relatively complete, is approximately 192 square feet and has a permanent concrete slab foundation. The structure is located approximately 4 feet from the (south) side property line and 4.5 feet from the rear property line. Staff Planner Dunn stated that in order to rectify the encroachment, the applicant is requesting a variance of 3.5 feet to the side setback and 10.5 feet to the rear accessory structure setback. The following aze special conditions offered by the applicants: • 1. Unusual subdivision layout. This is offered as the primary special condition in this case. All of the lots in this subdivision aze at the minimum 50 foot lot width, and each lot shazes a driveway entrance with the adjacent lot for reaz access. This layout, along with the less-common 2-story home design, creates a "cleaner" view from the street by placing cazs and other elements in the reaz of the homes. 2. Other encroachments in the neighborhood. Due to the conditions mentioned above, there aze other older accessory structures in the surrounding azea that appeaz to be encroaching as well. In some cases, homeowners have placed two temporary structures together in order to avoid setback requirements. 3. Lack of adequate storage space. The applicant also mentions that the homes in this subdivision aze smaller and lack gazages and storage space, and therefore necessitate additional storage facilities. • • StaffPlanner Dunn stated that the building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. Reaz setbacks also provide for a usable reaz yard azea. The primary alternative would be to remove the building from its slab foundation and rebuild it in an azea within allowable setbacks. It is not preferred by the applicants, due to the fact that the building cannot simply be moved from its location without demolition of both the structure and its slab foundation. In response to the notices to surrounding property owners, staff received five inquiries, three of which were in opposition to the both requests. There were also two letters submitted in opposition to the requests that list such concerns as neighborhood appeazance, structural integrity, size of the structures, future maintenance, setting a precedence, etc. Chairman Rife opened the public hearing for the request at 2308 Auburn Court. Applicant Rosa Herrera of 2308 Auburn Court approached the Boazd and was sworn in by Chairman Rife. She stated that the reason for the tool shed is because of lack of storage. The homes on this street do not have garages or any kind of outside storage. The storage building is just lazge enough for lawn and exercise equipment. Ms. Herrera informed the Boazd that she was not awaze of the setback requirements before beginning construction. Once she received the enforcement letter, construction was stopped immediately. Robert Bouvier of 2312 Auburn Court approached the Boazd and was sworn in by Chairman Rife. He stated that the houses on this street have a similaz floor plan with the same squaze footage and very little storage space. The concrete slabs that were poured for the two storage buildings aze more structurally sound and will provide for less maintenance problems in the future. He stated that if the buildings aze relocated so they meet the setback requirements, they will be in the center of the back Yazd. Tom Trahan, the owner of 2310 Auburn Court approached the Boazd and was sworn in by Chairman Rife. He stated that he has owned the property since it was built in 1978 and it has been rental property for the last ten years. He expressed concern with the negative impact on property values with the existing encroachments of the two storage buildings. The building at 2308 Auburn Court is 2' - 3' off the side lot line that could create problems for the future sale of his property. Mr. Trahan offered his labor and tools to assist both property owners in complying with the codes. He stated that he will assist the property owner of 2308 Auburn Court if they obtain a building permit and move the building up to the front of their back Yazd against the fence to their driveway on a pier and beam foundation. Mr. Trahan also offered to assist the owner of 2312 Auburn Court if he will relocate the building to the side of the carport. He concluded that he will also offer his trailer to assist the property owners in removing any concrete that needs to be removed. Chairman Rife closed the public hearing for 2308 Auburn Court ~ opened the public hearing for 2312 Auburn Court. ZBA Minutes November 19, 1996 Page 2 of 3 • Applicant Robert Bouvier presented several letters to the Board concerning his variance request. He stated that he prepared a letter of explanation to the surrounding property owners and provided a place for them to object to the variance request and additional comments. The letters presented were not opposed to allowing the existing storage building to remain. Mr. Bouvier stated that under the current ordinance, he can place two 10' x 10' structures immediately adjacent to the property line which could be more offensive than the existing storage building. Chairman Rife closed the public hearing. He stated that he is concerned that if the two variances are granted, it opens the door for similar cases in the future. The intent of the ordinance does not appear to be met in this case; especially combined with the smaller lots and the layout of the subdivision. Mr. Hollas expressed concern with the intent of the ordinance not being met and the unfairness to the adjacent property owners. If the variances are granted, they could add to the existing congestion. Mr. Blackwelder stated that a more permanent structure would be better in terms of maintenance; however, it is in violation of the. code. There are no special conditions or hardships that justify the two variance requests. He moved to deny the variance requests for both 2308 and 2312 Auburn Court to the minimum setback requirements of the Zoning Ordinance, Section 9, 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 these applicants, and such that the spirit of this ordinance shall be observed and substantial justice done. The motion died due to lack of a second. Chairman Rife stated that he sympathizes with the applicants and believes they made honest mistakes by not obtaining a building permit; however, there are no hardships or special conditions. Mr. Blackwelder agreed and moved to deny a variance request for 2308 Auburn Court 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. Hollas seconded the mo~ion. Mr. Blackwelder moved to deny a variance request for 2312 Auburn Court 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. Hollas seconded the motion. Both motions passed (4 - 1); Mr. Alexander voted in opposition to both motions. AGENDA ITEM NO. S: Other business. Mr. Hollas suggested an earlier meeting time for the regular Zoning Board of Adjustment meetings. Chairman Rife agreed and requested that staff place an item on the next agenda to discuss the possibility of changing the time of Board meetings. Mr. Blackwelder questioned staff about the status of the code enforcement proceedings for the Longmire Education Center. The applicant has still not met the conditions under which the variance was granted. AGENDA ITEM N0.6: Adjourn. Mr. Blackwelder moved to adjourn the meeting of the Zoning ~ of Ad~j~t~~. Mr. Hollas seconded the motion which passed unopposed (5 - 0). ,/ ayne ZBA Minutes November 19, 1996 Page 3 of 3 ZONING BOARD OF ADJUSTNIEN'P • FORMAT FOR NEGATIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to deny a variance to the yard (Section 8.7) lot width (Table A) lot epth (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 • the spirit of this ordinance shall be observed and substantial justice done. Motion made by ~ ~~"' ~ Date l ~ (9 9~ .i Seconded by Voting Results _~ Chair Signature vgxty~ sss.DOc • Zoning Board of Adjustment I• Guest Register Date q~~ 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.