Loading...
HomeMy WebLinkAbout04/01/1997 - Regular Minutes - Zoning Board of Adjustments• MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS April 1, 1997 6:00 P.M. • MEMBERS PRESENT: Chairman Rife and Members Sawtelle, Blackwelder, Alexander and Hollas. MEMBERS ABSENT: Alternate Members Ochoa and Taggart. STAFF PRESENT: Senior Planner McCully, Planning Technician Ruiz, 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: Consideration of a variance request to the minimum lot size, lot dimensions and setback requirements for a portion of lot 6 of the D. A. Smith Subdivision, within the 800 block of Nimitz. Applicant is Shabeer Jaffer. Senior Planner McCully presented the staff report and the following variance request information: Lot size required: Lot size proposed: Lot width req'd: Lot width prop'd: Lot depth req'd: Lot depth prop'd: Fr. setback req'd: Fr. setback prop'd: R. setback req'd: • R. setback prop'd: Side setback req'd: Side setback prop'd: 5000 SF Lot 6-2: 2360 SF (variance of 52%) Lot 6-3 : 2910 SF (variance of 42%) Lot 6-4: 2929 SF (variance 41%) Lot 6-10: 4404 SF (variance of 12%) Lot 6-11: 4500 SF (variance of 10%) 50' Lot 6-2: 43.5' (variance of 13%)) 100' Lot 6-2: 54.26' (variance of 46%) Lot 6-3: 54.89 (variance of 45%) Lot 6-4: 55.11' (variance of 45%) Lot 6-10: App. 49' (variance of 50%) Lot 6-11: App. 45' (variance of 55%) 25' 10' on all lots (variance of 60%) 25' 5' (variance of 80%) 7.5' 5' (variance of 33%) Senior Planner McCully stated that the subject lots were originally platted around the time that the City incorporated. They were included in a single lot, lot 6 of the D.A. Smith Subdivision, at that time. Lot 6 is a large narrow lot that extends from Ash to Lincoln along Nimitz. In the 1940's, lot 6 was subdivided by deed into 13 smaller lots that averaged 50' X 60' (3000 SF). In 1976, the lots were exempted from meeting minimum lot size and dimension requirements by ordinance, however, the exemption does not apply to lots replatted after 1976. The second chazacteristic that encumbers each of the five lots is the fact that Nimitz has been built in the wrong location. The City had a total of 30' in which to build Nimitz. However, the actual paved area encroaches on the lots by approximately 10' of the road on the three lots near Ash and 15' to 20' on the two lots neaz Lincoln. Technically, the 10'-20' strip of Nimitz that encroaches has become public right-of--way. Due to the physical restraints as discussed above, the buildable azea of the five lots would be roughly 150 squaze feet. Due to the restraint of the lot depth of the original Lot 6 in conjunction with the encroachment of Nimitz, Staff has not found any alternatives in this case. Minimum lot size and building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. The applicant has pointed out that the existing houses in the azea have similaz constraints as the proposed lots, therefore the chazacter of the azea will be protected. Approximately twenty-six surrounding property owners were notified of the requests with one inquiry. Chairman Rife opened the public hearing. Applicant Shabeer Jaffer approached the Boazd and was sworn in by Chairman Rife. He stated that variances were originally granted for several of the subject lots; however, the owner was still not able to build because of the small lot size. Mr. Jaffer stated that he is reducing the number of lots and the overall density of the azea. The new brick homes will be an improvement to the neighborhood. One of the main reasons for the front and rear setback requests is that the city built Nimitz in the wrong place. The paved section is not within the right-of--way and takes up 10' of the subject property. The new homes will be similar to the homes constructed on Avenue A; one story and between 1100 to 1300 square feet. The following persons were sworn in by Chairman Rife and spoke in opposition to the request: Sandy Santana 308 Ash Street Lee Robinson 811 Avenue A Boyd Nash 400 Ash Street The following comments were made in opposition to the request: (1) The street is not wide enough to handle the proposed development. There is traffic congestion and pazking problems along Nirrutz Street now that will be worsened by the additional homes. (2) The proposed homes will be rental property geazed towazds students that have more cars than a single family. The two parking spaces required per home is not adequate to handle the number of cars that will be created by the proposed development. (3) If the setback variances aze granted, the houses will be too close together. There are existing homes immediately adjacent to the subject property that were required to meet the minimum setbacks. Chairman Rife closed the public hearing. ZBA Minutes April 1, 1997 Page 2 of 4 Mr. Hollas stated that the Board cannot preclude the use of the subject property. The proposed • replat is reducing the total number of lots and decreasing the number of homes that can be built in this area. The owner has chosen a planned instead of a piecemeal approach to development in this azea. The applicant intends to meet the parking requirement for each home and if not, he will have to request a variance. If parking becomes a problem in this azea, the city has the ability to restrict parking along Nimitz Street. Mr. Sawtelle stated that if the variances are granted, the applicant is allowed more buildable squaze footage for a larger home; however, it reduces the amount of open space between dwellings. Although the applicant is reducing the number of lots, he is losing four pazking spaces along the same street frontage. The variance is allowing the azea to become more dense in terms of building coverage. Chairman Rife stated that the total number of homes and families is being reduced from seven to four. The pazking issue is a problem now; however, the applicant can build seven homes without fi~rther action by the Boazd. Chairman Rife stated that he is in favor of the variance requests as long as the reaz setback can be increased so that the new development does not encroach as much on the existing homes along Avenue A. He requested that Staff Planner McCully inform the City's Traffic Management Team about the current and potential traffic problems along Nmitz Street. Mr. Hollas moved to authorize a variance to the lot width, lot depth and 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 subject lots were originally platted around the time that the City incorporated. They were included in a single lot, Lot 6 of the D.A. Smith Subdivision, at that time. Lot 6 is a large narrow lot that extends from Ash to Lincoln along Nimitz. In the 1940's, Lot 6 was subdivided by deed into 13 smaller lots that averaged 50' X 60' (3000 SF). In 1976, the lots were exempted from meeting minimum lot size and dimension requirements by ordinance, however, the exemption does not apply to lots replatted after 1976. The second characteristic that encumbers each of the five lots is the fact that Nimitz has been built in the wrong location. The City had a total of 30' in which to build Nimitz. However, the actual paved area encroaches on the lots by approximately 10' of the road on the three lots near Ash and 15' to 20' on the two lots near Lincoln. Technically, the 10'-20' strip of Nimitz that encroaches has become public right-of--way. And, because strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: due to the physical restraints, due to the location of Nimitz and consequently the buildable area of the five lots have been reduced due to the actions of the city; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Blackwelder seconded the motion. Chairman Rife stated that he would prefer to have a larger reaz setback of at least 10' on all lots and require the 7.5' side setback on lots 6-10 and 6-11 since they are wider than the other lots. Mr. Blackwelder moved to amend the motion to approve the variance requests with the condition that all lots maintain a 10' rear setback and lots 6-10 and 6-11 meet the minimum 7.5' side setback requirements. Mr. Hollas seconded the amendment which passed unopposed (5 - 0 ). The motion to approve the variance requests as amended passed (4 - 1); Mr. Sawtelle voted in opposition to the request. AGENDA ITEM N0.3: Consideration of a variance request to the minimum side setback requirements for 820 Avenue B, lot 5, block 2 of the Lloyd Smith Addition. Senior Planner McCully presented the staff report and stated that the subject property is located • within an older subdivision of smaller sized single family lots. Most of the lots on Avenue B aze 40' in width, and some existing houses encroach into the required setbacks. ZBA Minutes April 1, 1997 Page 3 oj4 . Senior Planner McCully stated that the applicant proposes to construct a new single family home approximately 5.5' from the side property lines. Therefore, the applicant is requesting a variance of 2 feet to the required 7.5 foot side setbacks on each side. The applicant states that the primary special condition in this case is the small size of the existing lot, due to physical constraints as a result of the historical development of the neighborhood. Besides redesigning the house to a width of 25', Staff has found that one alternative available to the applicant is to replat several of the lots in the azea according to current minimum lot size standazds. Such a consolidation of property is not likely to occur because of existing homes on adjoining lots, and because in Au~iist 1976, the City Council exempted all lots in the Lloyd Smith and several other older subdivisions from current ordinance requirements concerning minimum lot area, width, and depth. The applicant feels that the intent of the ordinance is met and the new home will not present any hardships to any adjoining neighbors. Chairman Rife opened the public hearing. Applicant Alton Ofczarzak approached the Board and was sworn in by Chairman Rife. He stated that the lot is narrow and the minimum 7.5' side setback cannot be met. The proposed brick home will enhance the neighborhood and should not affect the adjoining properties. Bart Humphries approached the Board and was sworn in by Chairman Rife. He stated that he is not opposed to the request; however, he would prefer to have permanent residents instead of students who do not care about the neighborhood. Chairman Rife closed the public hearing. Mr. Hollas moved to authorize a variance to the minimum side setback requirements to 5.5' on • each side, from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the small size of the existing lot due to physical constraints as a result of the historical development of the neighborhood; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the proposed home would not fit on the lot with the existing setback requirements; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Blackwelder 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. Alexander moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AP ~El-S airman, Wayne Rife ~~ LJ ZI1.4 Minutes April 1, 1997 Page 4 of 4 ZONING BOARD OF ADJLTSTMEN'T ~~ ~~ FORMAT FOR POSITIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.Z) lot width (Table A) _ lot depth (Table A) muumum setback parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the followings ial conditions: ~ ~~~ ~ ~ ~- ~~ ~ ~ Motion made by Seconded by `) ~ Chair Signature and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: --~ ~ r - ~~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: Date Voting Results 5'~ YARP1638.DOC ZONING BOARD OF ADJCTSTMEN'P FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yazd (Section 8.Z) ~C lot width (Table A) ~( lot depth (Table A) X 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: S Q ~P 0~ (~ ~~ a ly s i 5 • and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~ ~ ~,,; ~; .g„ ~( G~~~ / ~ ~ ~ ~~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ~ o ~ ~~~ ~ ~- ~ .. i Motion made by Seconded by _ Chair Signature 0~-~d Date ~ I ~ ~ ~1 ~p ,, i~~ Voting Results ~_ y~~ssa.DOc Zoning Board of Adjustment i• • n U Guest Register Date ~ ~ ~ ~~~ Na 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. Address (~ l{ I ~~rc o~--- ~Q- ~~~ yov /x~ ~ S ~z z ~~~ i3 C ~~S /~ ~(~ lac-~ C ~l (~ ~ Ze~~ ~~ ( G