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HomeMy WebLinkAbout06/01/1999 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS June 1, 1999 6:00 P.M. C7 MEMBERS PRESENT: Chairman Alexander, Murphy, Happ, IPill & Alternate Member Hausenfluck. MEMBERS ABSENT: Alternate Members Searcy, Lanier, & Bailey. STAFF PRESENT: Senior Planner McCully, Staff Assistant Grace, Assistant City Attorney Nemcik & StaffPlanner Anderson. 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 April 20,1999 Meeting. Mr. Hill made motion to approve the minutes as written. Mr. Happ seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration of a rear setback variance at 3225 Innsbruck The applicant is Stylecraft Builders. StaffPlanner Anderson stepped before the Board and presented the staff report. Ms. Anderson told the Board that the variance to the rear setback was to allow for the construction of asingle-family home at the 20' garage rear setback line. The subject property is located within and surrounded on all sides by an R-1 Single Family residential district. All surrounding lots are or have been developed as single- family residential homes constructed during the last several years. This lot is unusual in shape. The lot has a rear dimension of--approximately 145', a West Side dimension of 148'~he East Side is approximately 106'. In addition, the lot has approximately 58' of frontage along Innsbruck Circle within the curve of the col-de-sac. Therefore, the applicant is proposing a setback of 20',_for a variance of 5-feet. The potential special condition identified by the applicant in this case is the location's unusual lot shape and dimensions. The applicant indicates this condition makes it difficult to orient a home to meet all setback requirements. The location backs up to a stormwater detention facility, and thus a variance would not affect any property owners directly behind the lot. The applicant offers a hardship of an erroneous site plan, which did not list the correct rear setback distance. The only alternative found is to redesign the home to meet the 25' setback. ZBA MinWtes lone 1,1999 Page 1 of 3 Ms. Anderson handed the Board pictures of the lot. Mr. Happ asked if the large oak tree, as shown on the pictures, at the rear of the lot would have to be . removed if the variance was granted. Ms. Anderson replied that question would have to be answered by the applicant. Chairman Alexander opened the public hearing. Chairman asked for those wanting to speak in favor of the request to step forward. John Rhodes, applicant and Architectural Designer with Stylecraft Builders, stepped before the Board and was sworn in by Chairman Alexander. Mr. Rhodes stated that the original site plan that he was given did not show the rear setback and it was discovered during the plan review at the building department. Mr. Rhodes told the Board that the lot being of an odd shape, there was not many ways to maneuver the house. Mr. Rhodes stated the tree was a main concern and the tree will remain. Mr. Happ asked Mr. Rhodes the way the house is placed on the lot, is the entire back part of the house extending over the setback line. Mr. Rhodes replied that the only area extending over the setback line is the bay area in the master bedroom. With no one else stepping forward to speak in favor of the request, Chairman Alexander asked for anyone wanting to speak in opposition. With no one stepping forward, Chairman Alexander closed the public hearing. Mr. Hausenfluck made the motion to authorize a variance to the minimum setback from the terms of • this ordinance as it will be contrary to the public interest, due to the following special conditions: a variance would not affect any property owners directly behind the lot; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: having to redesign the house causing the construction date to be delayed and the added expense; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Happ seconded the motion. Mr. Hill stated opposition to granting the variance. Mr. Hill added that the burden was upon the builder to design a home that would fit within this lot per the ordinances and regulations and through oversight that did not happen. Mr. Hill stated that he felt the Board was being asked to legitimize the oversight of the builder. Chairman Alexander stated that he did not feel that the special conditions have been clearly defined and other hardships rather than financial existed. Mr. Hill made amendment to the motion adding the odd shape of the lot makes positioning the house difficult and an added hardship would be the removal of the large oak tree. Mr. Hausenfluck seconded the amendment. Board vote on the amendment (4-1). Mr. Hill voting against. • ZBA Minutes June 1, 1999 Prrgt 2 ojS The approved amended motion was read. Brandon Hausenfluck moved 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 odd shape lot makes positioning any house on the lot difficult; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship being: finding a design to meet the setback requirements will not meet purchaser's desires and will require the large oak tree to be removed; and such that the spirit of the ordinance shall be observed and substantial justice done. Mr. Happ seconded the motion, which passed (4-1). Mr. Hill voting against the variance. AGENDA ITEM N0.4: Consideration of a lot size variance at 3047 Barron Road Cut Off Road. The applicant is Jackie E. Cook for Betty J. Wilborn. Staff Planner Anderson stepped before the Board and presented the staff report. Ms. Anderson stated that the applicant is requesting the variance to allow a third dwelling on a 4.5 acre tract. The subject property is located within and surrounded on all sides by an A O Agricultural-Open District. All surrounding lots are or have been developed as rural residential. The Agricultural-Open district requires a S-acre minimum lot area per dwelling unit. The applicant proposes a 1.5-acreageldwelling-unit requirement in order to place three homes on the 4.5 acre tract. The property is part of the area annexed by the City in June 1995. Currently, there are two grandfathered homes on the 4.5 acre tract. The applicant states that there are approximately 4 acres of undeveloped land beyond a 100-foot setback of the existing homes. The A-O district includes lands within the corporate limits of the City, which are not subdivided and are relatively undeveloped. The A-O zoning does not allow for any additional homes to be developed on this property. The applicant has recently moved from Anchorage, • Alaska to help care for his mother, who has a heart condition, and to maintain the family homestead as is needed. One alternative seen is for the applicant to purchase additional property. Secondly, the applicant could seek A OX rezoning which would reduce the area/dwelling unit acreage from 5-2. However, a variance would still be required. Mr. Murphy asked for clarification on the application showing 2.0 acre minimum lot requirement for a dwelling. Ms. Anderson replied that the applicant understood the property was in A OX district. Mr. Happ asked if the applicant would have to go to Planning and Zoning to have the zoning changed to A OX. Ms. Anderson responded that would be one alternative that staff came up with but the applicant would still need to come before ZBA because it would make the requirements 6 acres and a 1.5 acre variance would be required. Chairman Alexander opened the public hearing for anyone wanting to speak in favor of the request. Jackie E. Cooper, the applicant, stepped before the Board and was sworn in by Chairman Alexander. Mr. Cook apologized to the Board for his confusion on the existing zoning. Mr. Cook-stated that this property was annexed in 1995 and there has been no initiative for such a zone change from A-O to A- OX. Mr. Cook added that he believed that the A-OX would be the appropriate zone for that area. Mr. Cook described the area as rural residential with no agricultural, no development other than having some livestock in the country. Mr. Cook ended by telling the Board that he moved back home to take care of his mother. • Mr. Happ asked what size house was proposed. Mr. Cook replied 2000 sq, ft. ZBA Minutes lone 1, 1999 Page 3 of S Gary Velasco, son of adjacent property owner, stepped before the Board and was sworn in by Chairman Alexander. Mr. Velasco told the Board that he and his mother are in favor of the outcome. Mr. Velasco added that he and his mother also plan to build in the future. • Susie Velasco, adjacent property owner, stepped before the Board and was sworn in by Chairman J Alexander. Ms. Velasco told the Board that her and her late husband bought the property from Ms. Wilborn. Ms. Velasco stated that they placed a doublewide mobile home on the property and Gved there for 3 months until her husband passed away. Ms. Velasco added that she was leery about mobile homes and moved out. Ms. Velasco stated that it has been her goal to build there but has not been financially able to. Ms. Velasco ended by adding that she was in favor of the home Mr. Cook wanted to build for his mother. Betty J. Wilborn, property owner, stepped before the Board and was sworn in by Chairman Alexander. Ms. Wilborn stated her concern to have her son close to help her due to her health problems. With no one else stepping forward to speak in favor, Chairman Alexander asked for anyone wanting to speak in opposition of the request. Agnes Baker, adjacent property owner, stepped forward and was sworn in by Chairman Alexander. Ms. Baker stated her opposition to the request due to possible problems with the septic or sewer system that could cause problems for her. Ms. Baker also spoke of the appearance of too many houses on a lot as not being attractive. With no one else stepping forward to speak in opposition, Chairman Alexander closed the public hearing. Mr. Happ questioned the two houses on the property. Ms. McCully stated that the assumption would be that the houses were built and grandfathered in the existing configuration. Mr. Hill questioned if the two houses could be on less than two acres even if it goes to an A-OX zoning. Ms. McCully replied yes. The use of a property is allowed, higher densities are not allowed. One dwelling unit no matter what size the lot is would be allowed. Ms. McCully stated that the A-OX district was specifically created for this subject area when it was annexed in 1995. Due to the opposition at that time City Council gave direction to work with the residence in this area. There were discussion among the Board Members as to whether this case should go before Planning and Zoning to have the property rezoned or replatted. Mr. Murphy moved to authorize a variance to the lot size requirement from the terms- of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the additional dwelling is a necessity for the applicant to reside on the lot near family members in bad health, in order to take care of them; and because a~strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the applicant would be unable to attend to his family members who are in bad health; and such that the spirit of this ordinance shall be observed and • substantial justice done subject to the following limitations: there will be no additional dwellings constructed or placed on this lot. Mr. Happ seconded the motion. ZBA Minutes June 1, 1999 Page ~ ojS Mr. Happ amended the motion to add under unnecessary hardship: the applicant would have to make surrounding property owners aware of the need to rezone. • The Board discussed the amendment. After discussions Mr. Happ withdrew his amendment. Mr. Happ made another amendment to add under limitations adding: and that the new dwelling meets all setback requirements and it is placed on the rear 2 acres on the southeastern part of the lot. Mr. Hausenfluck seconded the amendment. Board voted (5-0) for approval of amendment. Mr. Murphy read the entire motion. The approved amended motion was read. Mr. Murphy moved to authorize a variance to the lot size requirement from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the additional dwelling is a necessity for the applicant to reside on the lot near family members in bad health, in order to take care of them; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the applicant would be unable to attend to his family members who are in bad health; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: there will be no additional dwellings constructed or placed on this lot, and that the new dwelling meets all setback requirements and it is placed on the rear 2 acres on the southeastern part of the lot. Mr. Happ seconded the motion, which passed (5-0). ATTEST: Staff Assistant, a orah ace • ZBA Minutes June 1, 1999 APP ~ . Chairman, Da i ezander PageSofS Zoning Board of Adjustment Guest Register Q •' Dat \~ Name Address s,/ e- 2. 3. 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. - 23. • 24. 25. ~- -~ ZONING BOARD OF ADJUSTIVIENT FORMAT FOR POSITIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.T) lot width (Table A) lot depth (Table A) minimum setback parking 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: ~ ~~ ~2,~~ ~fiK.C~ • and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: -'~Il~~ hl.GQi~~ r iti~ i~~ ~'v ~~~f'l.Ci .~.~t~ZrZo and such that the pint of this ordinance shall be observed and substantial justice done subject to the following limitations: ~~fiC'yt-U Motion made by --- Date - '' 9 • Seconded by Voting Results Chair Signature vax~tsssooc ZONING BOARD OF ADJUSTMEN`P • FORMAT F'OR PO OTION SITIVE M Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the ,,[_,~ yard (Section 8.Z) lot width (Table A) lot depth (Table A) minimum setback parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special cond//itions: of ~~. ~7`-, ~.•~v « ~ic/ •~ ~ ,' i ~ a ~l/'t c ~ • ~~ and because a strict enforcement of the provisions of the ordinance would result. in unnecessary hardship to this applicant being: J ~i !/ ~~~ j ~.~1 ^,~ d / ~e~t I and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following lim/~~itations: //J ) / ~I -e-''''t- Gv ~ ~ ~~ ~l t /~/o- Gr ~o' ~ '~ia/~/ ~/c~t/-eel[' N cis ~~ ~-~t ~ ~ ~- A Iu~ A-~/ ~,. rs 1© /~- r.1 t9,`~~ { .~.,. r/~,~s a ^f °` ^' ~ r .sue lct C..c ~v.~(J ~ e.._,,~ ~ °i G ~s~ -~.e~' "Motion made by ~ ~°~`1 Dat • Seconded by ~ Voting Results -- ~ Chair Sicma n ~ c` ~ _sr,J~t~S%~.~/ vgxPi ssa.DOc