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HomeMy WebLinkAbout08/07/2001 - Regular Minutes - Zoning Board of Adjustments (2)• • MINUTES Zoning Board of Adjustment August 7, 2001 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Acting Chairman Birdwell, Shelly, Richards & Alternate Members Corley & Allison. MEMBERS ABSENT: Regular Members, Chairman Hill & Lewis. Alternate Member Goss, not needed. STAFF PRESENT: Staff Assistant Grace, Staff Planners Reeves & Hitchcock, City Attorney Cargill. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Acting Chairman Birdwell called the meeting to order. AGENDA ITEM N0.2: Oath of Office -Dick Birdwell. Staff Assistant Grace administered Oath of Office to Mr. Birdwell. AGENDA ITEM N0.3: Consider Absence Request from meeting -Chairman Hill & Lewis. Mr. Richards made the motion to approve both absences. Mr. Shelly seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.4: Consideration of the July 10, 2001 meeting minutes. Mr. Shetl'y made the motion to approve the minutes. Mr. Corley seconded the motion, which passed unopposed (5-0}. AGENDA I'T`EM 5: Consideration of a rear setback variance at 4714 St. Andrews Drive, lot 42, block 9, Pebble Creek 3-B. Applicant is Larry Pierson. Staff Planner Reeves stepped before the Board and presented the staff report. Ms. Reeves told the Board that this case involves the property owner, who is proposing to build a detached garage of 22' x 25' into the 20' rear setback. The owner's desire to construct this is because he intends to close in the existing garage far living quarters for his mother-in-law. The applicarn is requesting a rear setback variance of 9.5' . ZBA Mi~rrrtes Axgast 7, 2001 Page I of 4 • The agplicant has stated no special conditions, other than the desire to build a detached garage. The applicant stated that his hardship is, that, "the new structure would have to be constructed flush with the existing garage, which would not look as well from the street. It would also eliminate the walkway gate • to the backyard. Without the variance the car access to the street would be more difficult". The property owner identified the following alternative. To attach the new garage to the existing garage and narrow the proposed width, making the parking of two large vehicles difficult. It may also necessitate a wider driveway and the loss of esthetically appealing and beneficial trees. Ms. Reeves ended her report by showing the Board pictures of the property. Acting Chairman Birdwell asked Ms. Reeves how many responses did she receive from citizens that were in favor of the request. Ms. Reeves answered that there was one who spoke in favor, one who spoke in opposition and 9 were just calls due to the public hearing sign in the from yard. They had no comment either for or against. Mr. Shelly asked if the one against the variance had a specific reason. Ms. Reeves replied that the reason given was they did not feel they needed another garage. The specifics of the case were not given. Acting Chairman Birdwell opened the public hearing for those wanting to speak in favor or the request. Tony Jones, 3205 Earl Rudder South, approached the Board and was sworn in by Acting Chairman Birdwell. Mr. Jones told the Board that he was there on behalf of the Pierson's because he built their • house originally. Mr. Jones explained that the renovations are to allow the in-laws to move in. The Architectural Cornrol Committee far Pebble Creek has approved the plans. Mr. Jones stated that there are no main hardships except not being able to use the building the way they want to use it. Mr. Jones explained that Mr. 8c Mrs. Pierson are retired and it would be an inconvenience for them to rebuild. Mr. Jones added that the new addition would set back into the easement 9 '/s feet. All the utilities are in the 10.foot setback so they would not encroach into that portion of the rear setback. The house directly behind the garage itself is turned to face St. Andrews and there are no window protrusions. Mr. Jones ended by telling the Board that Mr. Pierson has spoken to all the surrounding neighbors and they did not have any verbal objections. Jean Ringer, 4717 St. Andrews, stepped before the Board and was sworn in by Acting Chairman Birdwell. Ms. Ringer told the Board that she lives directly across the street and she had no objections to the variance. Larry Pierson, the applicant, stepped before the Board and was sworn in by Acting Chairman Birdwell. Mr. Pierson told the Board the mother-in-law did have a stroke and so there is a real need to keep her from climbing stairs. With no one else stepping foruvard to speak in favor or opposition of the request Acting Chairman Birdwell closed the public hearing. ZBA Minutes August 7, 28!11 Page 2 of 4 • Mr. Sheffy 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 condition: the addition would not take away from the appearance of the lot', and such that the spirit of the ordinance shall be observed and substantial justice done. Mr. Allison seconded the motion. • Mr. Corle stated that he is in favor of anon the variance but he thinks a condition needs to be stated Y gY' g other than the appearance. Mr. Corley offered an irregular lay out of the lot as a special condition. Mr. Shelly agreed to amend his motion to read: the lot is irregular and the rear of the lot is not clearly ned _Acting Chairman Birdwell read the motion and added the limitation being 9-'/z foot variance. With no other discussion of the motion, Acting Chairman Birdwell called far a vote. The Board voted (5-0) to approve the variance. AGENDA ITEM N0.6: Consideration of a rear setback variance at 2431 Pintail Loop, lot 16, block 1, Steeplechase V. Applicant is Stylecraft Builders. Staff Planner Hitchcock stepped before the Board and presented the staff report. Ms. Hitchcock told the Board that the variance is to legalize an error made when changes to the site were made in the field. This case involves an error made when the builder changed the approved site plan. When the house was designed, the developer/builder was not aware that there was a light pole by the property. When the pole was discovered in the field, the house and driveway were built opposite from how they were planned to sit on the site. After construction, it was discovered that the back corner of the house was built 23.58 feet from the rear property line. Thus the applicant is requesting a rear setback variance of 1.42 feet. The applicant offers the special condition that they were not aware of the light pole at the end of the • driveway until they were ready to build. The applicant says that if he had not moved the house, the driveway would have been in conflict with the light pole. The construction of the home is complete and ready to close. Staff has identified that removal of the encroachment is the only alternative to a variance far the house to be in compliance with the Zoning Ordinance. Ms. Hitchcock ended by showing the Board pictures of the property. Acting Chairman Birdwell opened the public hearing for those wanting to speak in favor of the request. Tim Pickering, the applicant, stepped before the Board and was sworn in by Acting Chairman Birdwell. Mr. Pickering told the Board that when the forms were set for the house it was discovered that if the forms were set as on the plan, the light pole was going to be in the middle of the driveway. So in their attempt to rectify the problem in the field they ended up going over the lot line. It was not until the final survey was done that they knew they had an encroachment and he immediately called the city. Mr. Richards asked Mr. Pickering if he had an approved site plan for the house as it is built now. Mr. Pickering replied that he shifted the location of the house in the field. Mr. Richards asked if anyone visited the lot before the site plan was drawn and construction was started. Mr. Richards added that he drove by the property and the lamp pole is the first thing you see. Mr. Pickering stated that when he first started building in that subdivision the lamp poles were not in place. ZBA Minutes August 7, 2001 Page 3 of 4 They were placed after he had already started homes on that street. Mr. Pickering stated that he has nothing to do with the plans and drawings. Mr. Richards stated that there seem to be a series of things that happened and very few or none of which apply to the city ordinances. With no one stepping forward to speak in opposition to the request, Acting Chairman Birdwell closed the public hearing. Mr. Richards made the motion to deny a variance to the minimum setback from the terns 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. Shelly seconded the motion. Mr. Birdwell stated that he understood Mr. Richards's opinion, but he personally thinks the variance should be granted. The variance is 1.4 feet and this is something city staff should have authority to handle without having a hearing. Mr. Birdwell stated that the solution is to cut some of the house off and that is certainly an unreasonable thing to do. Mr. Birdwell stated that from his own personal experience in the past, city staff could write a letter stating that ,they are not going to enforce the encroachment. Mr. Birdwell ended by saying that he agrees thatbuilders. should not do these type things without checking. There is not doubt the builder is at fault. Mr. Richards stated his concerns are with the way it happened and what happened. It was a series of events that any one of which could have stopped the encroachment from ever happening. Mr. Corley stated that he agreed that it is clearly in violation and it is ridiculous not to grant it. There are no special conditions or hardships and that is what they are looking for. Acting Chairman Birdwell called the vote from Mr. Richards's motion. The board voted (41) to deny the variance. Acting Chairman Birdwell voting against the denial. AGENDA ITEM NO 7: No items were addressed. AGENDA ITEM NQ 8: Future agenda items At~journ. Acting Chairman Birdwell adjourned the meeting. APPROVED: ATTEST: Deborah Grace, S Assistant ZBA Mfreutes August 7, 2001 Leslie Hill, Chairman Phge 4 oj4 ZONING B OARD OF ADJUSTMENT GUEST REGISTER • MEETING DATE ~ ~O ~~ NAME ADDRESS ~- . 2. yv ~ ~~ v~q~y `~-t ~ 1 'S~ , 1~.~3~c~ ~ ~ _ C ~ plc 't ~ 8 <E S _ 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 ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variance from Section 16, 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 conditions: • Tf~~' L.o°l ~~- ~ifil'~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being;.~~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ~,~r~ D% • Motion made by Seconded by ~r~s~,~~'7' Chair Signature f ~~~; Date ~ ` 7 - ® ~ Voting Results ~-" ~ VffRPl638.DOC 7ANING BOARD OF ADJUSTMENNtr FORMAT FOR NEGATIVE MOTION Variance from Section 1S, 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. Motion made by Date '~7`~', df Voting Results ~ _ i /~(~~ Seconded by Chair Signature vgx~visssmc l~ u • City Df CDllege SturtiOn Absence lt~equest Form For Elected and Appointed Officers l~tame ____ Leslie D. I-Iill Request Submitted on August 3, 2001. I will not be in attendance at the meeting of August 7, 2001 For the reason(s) specified: (date) I will be out of town on business. • Leslie D. hill Signature L~ This request shall be submitted to the Secretary of the Board one-weed prior to the meeting. vi iJ' V1 illy 1~/JL 1LL iV.70JOJL~V rVCL ~J001 ~~ ~f~orc`i ~rrCG • City of College S'tatiori Absence Request Farm For Elected and Appointed Officers Zoning Board of Adjustment Name Rod er 1•aewis Request Submitted on Jul 14 2001 I will not be in attendance at the meeting of - August 7, 2001 For the reason(s) specified: (date) Out of town on business; an annual conference scheduled a year in advance. • . ~~ Signature This request shall be submitted to the Secretary of the Board one•week prior to the meeting ~J