HomeMy WebLinkAbout04/06/1999 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
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Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
Apri16, 1999
6:00 P.M.
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MEMBERS PRESENT: Chairman Alexander, Murphy, Happ, Hill & Alternate Member Bailey.
MEMBERS ABSENT: Board Member Warren, Alternate Members Searcy, Lanier,
Hausenfluck & Lewis.
STAFF PRESENT: City Planner Kee, Staff Assistant Grace,
Assistant City Attorney Robinson.
AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board.
Chairman Alexander called the meeting to order and explained the functions of the Board.
AGENDA ITEM N0.2: Approval of minutes from the March 16, 1999 Meeting.
Dr. Bailey made correction to page 4 in regard to the voting results. The voting results should read
(4-0-1). Mr. Hill made the motion to approve the corrected minutes. Mr. Happ seconded the motion
which passed (S-0).
AGENDA ITEM N0.3: Consideration of a rear setback requirement at 3401 Nottingham, lot
36, block 1, in the Westchester Park I Subdivision. Applicant is Michael R. Willey.
City Planner Kee presented the staff report. Ms. Kee stated that the applicant is requesting the variance
to rectify an existing encroachment into the rear setback for replatting and clear title for future resale.
Lot 36 is located on Nottingham Drive, this property is the last one before Nottingham curves into
Abbey Lane. The garage in question was encroaching at the time of construction; the building permit
and certificate of occupancy were issued in error. This error may have occurred due to an assumption
the 20' u;~~:ry easement in the rear was wholly within this property. The applic:~,:t is requesting a
variance to the rear setback to legalize this encroachment to avoid passing potential problems on to
future owners. The applicant is requesting a 9.4' variance to the required 20.0' rear setback.
The applicant states that this encroachment will hinder his ability to do construction or reconstruction
on the garage or to sell the property in the future.
This encroachment is the result of activity that occurred before the purchase of the property and may be
considered an inherited hardship.
ZBA Minutes Apri16, 1999 Page 1 of 2
Dr. Bailey asked why did this come before the Board now. Ms. Kee answered to potentially sell the
property...Ms.-Kee_told the Board that the survey shows the encroachment and when property changes
~, • ownership a survey will go the title company. The title company will contact the city to see if it can be
rectified. There are two things that can be done: 1) the city can write a letter stating that it is an
existing situation and the city will not take any enforcement action. This will usually satisfy the title
company but it does not legalize or legitimize the situation 2) if a clear title is desired it would then
need to come before this Board for the applicant to seek a variance or tear the structure down and
construct it correctly.
Dr. Bailey asked if Mr. Willey was in the process of trying to sell the property now. Ms. Kee stated that
the applicant will have to answer that question.
Mr. Happ asked if the garage was built the same time as the house or was it added on. Ms. Kee
answered that the garage was permitted with the house.
Chairman Alexander opened the public hearing for anyone wanting to speak in favor of the request.
11Tchael R Willey, the applicant and homeowner stepped before the Board and was sworn in by
Chairman Alexander. Mr. Willey explained to the Board that he was requesting the variance to rectify
the encroachment for possible resale. Mr. Willey told the Board that the 16th of April will be his last
day of employment with the city and this is something that he wanted to take care before he left. Mr.
Willey continued by telling the Board that he is not selling his house at this time, but in the future if he
should decide to sell, there would be nothing causing any problems. Mr. Willey ended by saying that he
was apprised of the encroachment at the time of purchasing the home and was told then that if he ever
• sold the home, having the encroachment legalized would make the sell of the home quicker with no
delays.
With no one else stepping before the Board to speak in favor or opposition, Chairman Alexander closed
the public hearing.
Mr. Happ made the motion to authorize a variance to the minimum setback from the terms of this
ordinance as it will not be contrary to the public interest, due to the following special conditions: the
encroachment has occurred prior to present owner purchasing the property in 1993; and because strict
enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant
being: required to move the garage which is not inhabited and shouldn't encroach upon the privacy of
the property directly behind. In fact from the pictures it improves privacy. There are no other
reasonable solutions for the owner to pursue; and such that the spirit of this ordinance shall be observed
and substantial justice done. Dr. Bailey seconded the motion which passed (5-0).
AGENDA ITEM N0.4: Adjourn.
Mr. Hill made the motion to adjourn. Mr. Murphy seconded the motion which passed (5-0).
• ATTEST:
Staff Assistant, D orate Grace
ZBA Miaates April 6,1999
VED
Chairman, Davi Ale n er
Page 2 oj2
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
Variance from Section 1 S, Ordinance Number 1638.
I move to authorize a variance to the
yard (Section 8.T)
lot width (Table A)
-/ lot depth (Table A)
r/ minimum setback
parking requirements (Section 9)
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from the terms of this ordinance as it will not be contrary to the public interest, due to
the following special conditions:
~c~ 1'Suc~rrl~t ~G ~~ ~. ,
and because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant being:
iZr~.G 2 ~~a~,Gwf~ - ~.a~~ticGf .GO ~~ GfG~lr~~f~
and such that
done subject to
ordinance shall be observed and
.c.Z ;
~~icoG!~
al justice,,y_ ~,ylr'~~
Motion made by
Seconded by ~
Chair SiQna
'~~,~jf~ Date ~ -
f ~~., Voting Results S" ~
Y.4RPI638.DOC
Zoning Board of Adjustment
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