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HomeMy WebLinkAbout02/17/1998 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS February 17, 1998 6:00 P.M. BOARD MEMBERS PRESENT: Hollas, Blackwelder, Warren, Alexander, Taggart & Alternate Member Hasp. BOARD MEMBERS ABSENT: Alternate Members Hill & Pyrtle STAFF PRESENT: Senior Planner McCully, StaffPlanner Battle, Staff Assistant Grace AGENDA ITEM NO. 1: Call to order. Chairman Hollas called the meeting to order and explained the functions of the board. AGENDA ITEM N0.2: Approval of minutes from the February 3, 1998 Meeting. • Mr. Taggart moved to approve the minutes from the meeting of February 3, 1998 as written. Mr. Blackwelder seconded the motion which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration of a variance to the rear building setback requirement at 920 Grand Oaks, lot 20 of the Grand Oaks Subdivision. The applicant is David Scarmardo. Mr. Battle presented the staff report and stated that the applicant is requesting a variance to the rear setback to allow the encroachment of the house into the rear setback. This lot is irregular in shape, having six sides. There is one front, two sides, and three rear property lines. Under the ordinance all three rear property lines are required to have a 25' rear setback. However, the approved site plan only showed a 25' rear setback from one of the rear property lines. When this property was platted, 25' rear setbacks were shown on two rear property lines (see attached plat copy). The third (middle, 89.15') property line only showed the variable width utility easement. The developer intended to use these lines (as shown on plat) as the guide for construction of the house. Based on this, the applicant is requesting a variance to the rear setback to be the same as the variable public utility easement (as shown on plat). The area behind the rear property lines is an open space and detention pond so that there is no impact on neighbors. In addition, it appears that the architect did not allow for the 25' rear setback on the northeastern rear property line.. (16.64'). The house is now under construction and encroaches into this rear setback. • Therefore, the applicant is also requesting a variance for the encroachment into this 25' rear setback (along the 16.64' rear property line). Chairman Hollas asked Mr. Battle if there is any requirement that the common area has to stay a detention facility. Mr. Battle replied yes. • Chairman Hollas also asked if the detention facility will be a concrete ditch or open greenbelt. Mr. Battle replied that it will remain an open greenbelt but may have some concrete for drainage. Chairman Hollas opened the public hearing for those wanting to speak in favor of the request. Mike McClure of 9262 Brookwater Circle, College Station, Texas approached the Board and was sworn in by Chairman Hollas. Mr. McClure handed to the Board Members an asbuilt survey of the property (a copy is attached as part of these minutes). He stated that he was the Engineer that prepared the Final Plat as well. He stated at that time he recognized that this would be a zero lot line type construction and at that stage they would not know what the -side setbacks would be. The effort was to put the rear setback on the plat to establish what the building depths would be on the lots. He further added that perhaps it was his error, but when he prepared the plat, he felt like that was the appropriate step to take and not show a rear setback line on one leg of the rear line because it backed up to the common area. Mr. Taggart asked Mr. McClure, on the adjoining parcel that is dedicated to the detention pond basin, does the detention basin set all the way back to the skew line. Mr. McClure responded that the outlet is in that direction. There are also a couple of inlets on Lincoln and the outfall is a storm drain system that ties into the rear of the inlets. David Scarmardo, the applicant and developer of the Grand Oaks Subdivision approached the Board • and was sworn in by Chairman Hollas. Mr. Scarmardo stated that he had been before the Board a couple of weeks ago for a variance to 927 Grand Oaks. He stated that it was at that time they decided to go back and have a survey done to check everything they had under construction and that is when the encroachment of 920 was discovered. Mr. Scarmardo continued by saying that he will verify the architect's site plans in the future and will do asbuilt surveys before construction begins. No one else approached the Board to speak in favor of or in opposition to the variance request. Chairman Hollas closed the public hearing. Mr. Blackwelder asked the Board Members during discussions how much of a variance is being requested. Chairman Hollas added that what the applicant is requesting is to have the rear setback line coincide with the utility easement as platted. Staff Planner Battle offered clarification. He stated that there would be basically two variance requests associated to this item. One would be to make the rear setback of the middle property line the same as the variable width public utility easement because it is not shown on the plat. The second one is an encroachment to the existing house into the rear setback along the 16.64 property line. Chairman Hollas asked Staff Planner Battle if the dimension size of the detention area is required by Planning and Zoning, is there anyway to move the lot line back and take part of the detention as part of this lot. Staff Planner Battle replied that he was unsure if the detention facility would take up the entire common space and moving the property line would require the applicant to replat the property. Mr. Battle further stated that the applicant could better answer what the requirements were based on for the • detention facility. Mr. McClure approached the Board and stated that the detention facility is a common area and everyone that buys a lot in the Grand Oaks Subdivision is a partial owner of the common area. He further added that some of the lots have been sold so the developer does not have it in his authority to make that convenience. So from the development perspective he would request that the setback be according to the irregular utility easement. • Chairman Hollas asked Staff Planner Battle if he had received any calls from the notices sent out and Staff Planner Battle responded that there were none. Mr. Taggart made the motion to deny the request and Mr. Blackwelder seconded. Mr. Taggart stated that it is the Boards duty to grant the minimum requirement in order to alleviate any problems and he felt that in this case there is something else that can be done. Mr. Taggart added that if Mr. Scarmardo has not sold lot 23, he still has control and canting the property line could get the required 25' clearance across the detention facility. He further added that the detention basin can be covered by an easement and no one could use it, but it would move the property line out of the way and the building lines would comply. Discussions continued among Chairman Hollas and the Board Members as whether the motions should be withdrawn and let the applicant go before the Planning and Zoning Commission for relief and have it replatted. If relief is not given from P & Z the applicant could come back and have it reconsidered. Mr Hollas further added that since it is a greenbelt that is being dealt with in the back of the subject property, if he had to grant the relief if would not be detrimental to the adjacent neighbors. Mr. Hollas explained to Mr. Scarmardo the Board's decision to withdraw the motions and table the item. Mr. Hollas further explained to Mr. Scarmardo that the Board does not want to give him a negative result and the variance that he is asking for is a significant variance and customarily the Board would deny it because it would not be a minimum variance. Mr. Scarmardo stated that he understood and agreed. • Mr. Taggart withdrew his motion to deny and Mr. Blackwelder withdrew his second motion to the motion. Mr. Blackwelder made the motion to table the request and it was seconded by Mr. Taggart. Voting results of the Board to table the request passed unopposed (5-0). AGENDA TI'EM N0.4: Other Business There was no other business to discuss. AGENDA ITEM NO. S: Adjourn Mr. Hollas made the motion to adjourn. Ms. Warren seconded the motion which passed unopposed (5-0). AP~PR~(OVED: G~ Chairman, tStS ephen Hollas • ATTEST: Staff Assistant Debor Grace %d Ncvman Barley Donna R. Dolls 1170, Pg. 209 Val. 314, Pg. 331 Oean T. G~'ie~ tid. 907, Pg. 54B . -.• ~.AL PLAT . ~~~ f,~, a: •01~ Avenue ~th_z-vorles, so• usvoi) i~ N 41 °51'56" E - 579.51' 91.12' _ ~ `~ _ _ - 58:81' .P ~ d ~ °> ~$ 157.81' 215 Acre ~Cammon Area E 0 43.73' p 4 , Qq, ' ~ . `' - - - • . - . ~ ~ ~ryd ~ • ~` Pub/Ic Drainage Easement ~ ~~ ~ (Can tains Storm Water ` 3 t ~ ~ ~ ~ Detention Foc~'ity) . -. ' 19. ~ N ~s•F~ ~~ 15'P.U.E.---- -- N ~. w ~'~ ~ _N ~ T mss ~ \ " ' ~ - - • •• .- ` , S 40°08 1. 54 W a o ~. E E P~ ~• tO I ~ ~ L=3.55' S. ~ ' ~, ~ 15 P% i •y9 E ~ ~ ~ I ~ 23 ~ W ~~ _ ~~°`i I ~ ~W I ~o 1~- i ~ S 40°08'54" W ~ N 40°08'54" E I no I W I O N 117.00' N " - 117.00' . ( . 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