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HomeMy WebLinkAbout09/21/1999 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment • CITY OF COLLEGE STATION, TEXAS September 21, 1999 6:00 P.M. MEMBERS PRESENT: Chairman Alexander, Murphy, Happ, Alternate Members Dr. Bailey & Ellis. MEMBERS ABSENT: Bond, Hill and Alternate Members Lewis & Seazcy. STAFF PRESENT: Senior Planner McCully, Staff Assistant Grace, Staff Planner Anderson, Senior Assistant City Attorney Nemcik, Transportation Analyst Hester. 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 Boazd. Chairman Alexander told the Boazd and the audience that agenda item # 4 concerning the appeal of Zoning Official's Interpretation has been withdrawn from the agenda prior to the meeting by the • applicant. AGENDA ITEM N0.2: Approval of minutes from August 17,1999 meeting of the Board. Mr. Murphy made the motion to approve the minutes as written. Mr. Happ seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration of front, rear and side setback variances at 516-518 Tarrow. Applicant is Husfeld Homes for Syed Hasan Askari. Staff Planner Anderson stepped before the Boazd and presented the staff report. Ms. Anderson told the Boazd that a new variance request was turned in prior to the start of the meeting. Ms. Anderson stated that the applicant is requesting a rear setback of 15' for a variance of 10' on lot 2 and is no longer asking for a front setback vaziance. This is to allow a turn around maneuver for the pazking on lot 2. The vacant lots aze located on the corner of Payton Street and Tarrow Street. The lots encompass the vacant property between Peyton Street and the City water tank located on University Drive, across from the Golden Coral. The lots are 85' deep along Peyton and each lot is 50' wide across the front (along Tarrow) and the reaz. The lots aze very old and were platted when lot depths of 85' in a single- family district were allowed. The minimum lot size in this district is currently 100' deep by 50' wide. Therefore, the lots are conforming in lot width, but non-conforming in lot depth and total size. The • non-conformity is 15' of depth on each lot. ZBA Minutes September 21, 1999 Page 1 oj6 The applicant wishes to construct asingle-family home on each of the relatively small lots. The applicant is requesting a 20' front and rear setbacks on lot 1 for a total of 10' variance across the lot depth. In addition, lot 1 (neazest Payton) is requesting to have a side street setback of 10', for a total • variance of 5'. The applicant is requesting for lot 2 a rear setback of 15' for a variance of 10'. This change was due to the new driveway. The applicant offers that the unusually small lot sizes for asingle-family residential district could be considered as a special condition. In addition, the applicant offers that Peyton Street is not a through street and is used mostly by the residents of about 12 houses on this street, thus azguing that pazking and an increase in traffic should not be a concern. The buildable azea of the lots aze less than other residential properties that aze in compliance with the current zoning requirements, thus making it difficult to meet the same setback standazds. The applicant contends that structures fitting within the prescribed setbacks would be too small to accommodate the proposed four bedroom single-family dwellings. In addition, the applicant states that if lot 1 is found to meet both the requirements of a 15' side street setback and the 7.5' side setback towards lot 2, the lot would be too narrow for a home of reasonable size. Staff has identified these alternatives. Use a house design that would fit within the required setbacks, combine the two lots and build one single-family home that encompasses both lots or the Boazd could grant anything less than what is being requested. Ms. Anderson concluded her report by showing the Boazd pictures of the lot. • Mr. Murphy asked to be briefed on lot 2 and how it will exit onto Tarrow. Mr. Hester, Transportation Analyst, stepped before the Boazd. Mr. Hester told the Boazd that the city requirement is not to back out onto a major collector. Mr. Hester explained to the Boazd the design presented before them. Mr. Hester stated that it is designed specifically where you can pull in and easily turn azound and head out into Tarrow. Ms. Ellis questioned if there would be enough parking for the two proposed dwellings. Mr. Hester answered that he did not know how many bedrooms are in each proposed dwelling. The city requires two parking spaces. Mr. Hester stated that on lot 1 there could be 4 cars staked on that drive and they can back out onto Peyton. On lot 2, the drive being on Tarrow, all that can be required is the 2 pazking spaces. If it was a 3-bedroom dwelling the third vehicle would have to pazk on Peyton. There would be no pazking allowed on Tarrow. Dr. Bailey stated that she had concern because these two lots were proposed for 4 bedroom homes. That would mean there would be cars parking on Peyton and that is a small street. Chairman Alexander opened the public heazing for those wanting to speak in favor of the request. Seyed Hasan Askari, the property owner, stepped before the Boazd and was sworn in by Chairman Alexander. Mr. Askazi told the Board that he had originally planned to have 4 bedroom dwellings on each lot. But due to the problems of inadequate pazking on lot 2 he had decided to build 3 bedroom dwellings instead. Mr. Askazi stated that he is undecided about lot 1. Mr. Askari stated that he had hoped to have identical dwellings on each lot to look aesthetically pleasing. Chairman Alexander • asked Mr. Askazi if the sq. ft. is going to remain the same. Mr. Askazi replied that it would be approximately 1450 sq. ft. for both homes. ZBA Minutes September 21, 1999 Page 2 oj6 Mr. Happ asked if the dwellings would be single or two story dwellings. Mr. Askari replied that he has not decided yet. Mr. Askari stated that if he decided on two-story dwellings, that would give him more space for pazking. • Ms. Ellis .asked Mr. Askari if he had considered building one house on the two lots. Mr. Askari answered no because there are more small homes in that area and he is wanting to stay with the conformity of the neighborhood. Mr. Happ asked Mr. Askazi if he had considered appealing for a rezoning and build a duplex. Mr. Askari replied that he had not. Chairman Alexander called for anyone wanting to speak in opposition of the request. Clazence McCurry of 612 Peyton, stepped before the Board and was sworn in by Chairman Alexander. Mr. McCurry explained to the Board the chazacteristics of the azea neighborhood and that many of the homes have multiple pazking. Mr. McCurry stated that Mr. Askari owns several homes in the neighborhood, one of them being next to the two lots in question. Mr. McCurry stated that Mr. Askari's homes aze 3 bedroom, 2 story and are on 75' x. 100' lots. Mr. McCurry stated that the proposed two lots if placed together would be 85' x 100' which is 10' shorter of the other houses on the street. Mr. McCurry told the Boazd that in each of Mr. Askazi's rent homes there is 4 or more college students in each one and they all have vehicles. They pazk up and down the street, in the yazds and there is no way that this street could handle that kind of traffic plus the proposed traffic. Mr. McCurry added that there are two very old large oak trees that would have to be removed and there would be nothing but solid concrete on that corner. There is no allowance for any yards. Mr. McCurry concluded that the density in that area would be tremendous. • Ste hen Simms Pastor of the Colle a Hills Mission Ba tist Church, ste ed before the Boazd and P g azY p pp was sworn in by Chairman Alexander. Mr. Simms told the Boazd about 3 homes next to the church that was built by the City Community Development Office. The houses are still vacant and Mr. Simms stated that that suggests to him that there are no families interested in moving into the neighborhood. Mr. Simms added that the students residing in the neighborhood are very rowdy. Mr. Simms spoke about the senior citizens in the neighborhood and how they aze trying to maintain some integrity. Mr. Simms suggested that Mr. Askazi build asingle-family home on the two lots where a family could move in. Mr. Simms concluded by saying that he and his wife would even be interested. Lucille Young of 607 Preston, stepped before the Board and was sworn in by Chairman Alexander. Ms. Young spoke about the need to have a family and not students move into the neighborhood. Ms. Young explained the pazking situation with the students. Ms. Young stated that she is against any more students moving into the neighborhood. Ms. Young ended by telling the Board about the various problems that aze brought into neighborhoods with students. Leroy Thomas of 609-611 Banks Street, stepped before the Board and was sworn in by Chairman Alexander. Mr. Thomas spoke about the traffic coming off of University Drive onto Tarrow and what problems that is going to cause. Mr. Thomas also talked about the retired citizens living in the neighborhood. Mr. Thomas ended by saying that asingle-family home would be less detrimental to the neighborhood. n U ZBA Minutes September 21, 1999 Page 3 of 6 Richard Thomas of 614 Peyton, stepped before the Boazd and was sworn in by Chairman Alexander. Mr. Thomas told the Board that he is a student at TAMU. Mr. Thomas told the Board that he agreed with the alternatives presented. A house could and should be designed to enhance the area. Mr. • Thomas stated that he had a capital investment in his home and he does not desire to see something that is not aesthetically pleasing. Ann Whiting stepped before the Boazd and was sworn in by Chairman Alexander. Ms. Whiting told the Board that she was there to speak for her mother who lived at 615 Banks. Ms. Whiting spoke about the construction of Nimitz Street and asked the Board to not let history repeat itself. Peyton Street is becoming what Nimitz is. Ed McDow of 1013 Walton stepped before the Board and was sworn in by Chairman Alexander. Mr. McDow presented pictures to the Boazd of Nimitz Street and Avenue A. Mr. McDow stated that these streets have duplexes in which students reside. Mr. McDow spoke about the dangerous traffic problem on Nimitz with people backing out onto Nimitz. Mr. McDow explained that it is the same situation as the lot on Tarrow. That is the wrong place to put an access. Mr. McDow also stated that he feels one house should be constructed on the two lots. Kayla Glover stepped before the Board and was sworn in by Chairman Alexander. Ms. Glover told the Boazd that she was there on behalf of her neighbors who lived in the neighborhood. Ms. Glover stated that most of the homes in the azea are older homes not having insulation, double pain windows or things that newer homes would have to prevent the noise. Ms. Glover ended by saying that the addition of 2 homes on the lots would increase the traffic. Chairman Alexander called for anyone else wanting to speak in opposition of the variance request. • With no one stepping forward Chairman Alexander closed the public hearing. The Boazd continued discussions with city staff on various issues of this vaziance request. Mr. Happ voiced his concern about the applicant not having all the facts before the Boazd for them to make a decision. Mr. Happ stated that it may be a good idea to table the item until the applicant can bring back to the Board more information. Mr. Happ asked if the Board voted on this item would the applicant have the option to come back to the Board with a different vaziance request. Ms. McCully replied that in the rules and procedures it is written that the Zoning Boazd will not hear the same request twice. There have been cases that an applicant once denied felt that they had additional information for the Zoning Board and city staff had allowed them to come before the Board and request a reheazing. In certain cases the Board has reheard the case. Mr. Happ stated that in this case the applicant is asking for 3 variances. If more information is supplied and it comes down to redesigning the dwellings and ask for 1 variance, would that make it different enough to ask for a rehearing. Ms. McCully replied that Mr. Happ is making a very good case to table the item. Chairman Alexander added that the applicant stated that he was not wanting to change the square footage of the dwellings and therefore the variances would not change. Mr. Happ told the Board that the applicant stated that the square footage would not change but it has not bee decided if it will be a one or two- story dwelling. Mr. Happ stated that should change the variances. Chairman Alexander asked Mr. Askazi to step back before the Boazd. Chairman Alexander asked Mr. Askari to clazify for the Boazd if he would be changing the plan from aone-story building to a two-story building. Mr. Askari stated • that the original plan was for a one story but now he has decided to go with atwo-story dwelling. ' ZBA Minutes September 21, 1999 Page 4 oj6 Chairman Alexander asked city staff that in concern for the applicant and not to cause any more hazdship for the applicant and azea neighbors, maybe the Boazd should explore whether it would be in the applicants best interest to table the item, withdraw, etc. Ms. McCully stated if the Zoning Boazd • wanted staff to look into additional information, the public hearing would not be reopened. If the Zoning Board wished to hear from the azea residents, then city staff would have to re-notify. Chairman Alexander stated that the Board feels like Mr. Askazi is not certain what he wants to do at this point. Mr. Happ stated that he does not feel that he has enough information to feel comfortable of limiting all the options of getting any of the variances. The Boazd continued discussions concerning how to vote on this case. Chairman Alexander stated that the Boazd could vote on each lot and what they would allow for each lot. Mr. Askari stated that his plans have changed since the meeting began due to the pazking situation. Ms. Nemcik told the Boazd that this is the applicant's request for a variance. If the applicant wants the Board to consider the variance as presented, deferring it is not going to change his decision. Mr. Happ stated that he does not think Mr. Askari understands that if the Boazd votes on the item at this meeting, he will not be allowed to come back to the Boazd after he has finalized his plans and ask for any of the variances. Mr. Happ commented that he understands the applicant as saying that he has decided to change the design and he does not know if that will affect any of the setbacks. Mr. Happ stated that he does not feel that Mr. Askazi fully understands what the outcome would be if the Boazd voted against it. Mr. Happ asked Mr. Askari if he understood the outcome if the Boazd voted at this meeting and it was • denied. Mr. Askazi replied yes and he wanted it voted on at this meeting. Chairman Alexander closed the public hearing. Mr. Murphy made the motion to deny a variance 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 hazdship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Dr. Bailey seconded the motion. The Boazd vote (3-2) Mr. Happ and Ms. Ellis voting not to deny. Mr. Happ made the motion to table the item. The motion died with a lack of a second. Chairman Alexander asked Ms. Nemcik since the motion to deny did not pass and the motion to table died with a lack of a second, what does the Board do. Ms. Nemcik replied that any of the Boazd members can still make a motion for any part of the variance. Ms. Ellis made the suggestion to vote on each lot individually and discuss each lots variances. • ZBA Minutes September 21, 1999 Page S of 6 Dr. Bailey made the statement that if the Board approved any of the requested variances they would be setting precedence. Dr. Bailey made reference to the one letter of support from a realtor who represents the owner of four vacant lots across the street that is the same size lots. Dr. Bailey stated • that the owners of those lots too would before the Board as well asking for variances if this one was approved. Mr. Happ made the motion to table the decision for lot 1 until the applicant can come back to the Board with a plan. Mr. Happ stated that he wants the applicant to determine if he wants the three variances for this lot. The motion died with a lack of a second. Lot 1, 518 -Tarrow Dr. Bailey made the motion to deny a variance to the minimum setback 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. Murphy seconded the motion, which passed (3-2). Mr. Happ and Ms. Ellis voting against to deny. Lot 2, 516 -Tarrow Dr. Bailey made the motion to deny a variance to the minimum setback 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. Murphy seconded the motion, which passed (3-2). Mr. Happ and Ms. Ellis voting against to deny. AGENDA ITEM N0.4: Consideration of an appeal of Zoning Official's Interpretation of a home occupation at 1021 Guadalupe Drive. Applicant is Lois Hansen. The applicant withdrew their request prior to the meeting. AGENDA ITEM NO. S: Adjourn. ATTEST: • Staff Assistant, Deborah Grace ZBA Minutes September 2l, 1999 APPROVE ~~ Chairman, Davi Alexander Page 6 oj6 • ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to deny a variance to the yard (Section 8.~ lot width (Table A) lot depth (Table A) minimum setback parking requirements (Section 9) om the terms of this ordinance as it will be contrary to the public interest due to the ck of. any special conditions, and because a strict enforcement of the provisions of e 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. ~.~~- ~ 5 ~~~acc-~ Motion made by ~~- ~ ~ Date ~ '" ~ ~ - Seconded by ~~e-s~~~'' ~ (CJ/C /%/~, Voting Results Chair vgxtvtsss.DOc • • ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION Variance from Section 16, Ordinance Number 1638. I move to deny 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 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. ~~~~1~ Motion made by ~"- Seconded by Chair Signature Date % _ ~ ~ - ~cj Voting Results • Zoning Board of Adjustment i• • • Guest Register Date t fl Q-~ ~\ ` 1 _ `~~ Name 4 1. ~^ C,• 2. (o(l,f (~ 1, s. 6. 7. s. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. ~~ ~~ ~~ Address (~~t ~ ~ 1 ~~ 3 ~~ ~ ~ ~~~ ~ . L o /fit ~ ,~ -~~,