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HomeMy WebLinkAbout02/13/1990 - Regular Minutes - Zoning Board of Adjustments• MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment February 13, 1990 7:00 P.M. MEMBERS PRESENT: Vice Chairman Gilmore, Members Henry and Baker, Alternate Member Gaston MEMBERS ABSENT: Chairman Ruesink, Member Cronan, Alternate Members Webb and Phinney STAFF PRESENT: Senior Planner Kee, Assistant Planner Kuenzel, Assistant City Attorney Banks, Development Coordinator Volk and Planning Technician Rosier AGENDA ITEM NO. is Call to Order - explanation of functions and limitations of the Board. Vice Chairman Gilmore called the meeting to order. He explained the functions and limitations of the Board. • AGENDA ITEM NO. 2: Approval of minutes - meeting of December 19, 1989. Mr. Henry made a motion to approve the minutes as submitted. Mr. Gaston seconded the motion which passed in a unanimous vote. (4-0) AGENDA ITEM NO. 3: Hear Visitors. No one spoke. AGENDA ITEM NO. 4: Consideration of a request for a variance to the front and side setback regulations at 7715 Appomattox. Applicants are John and Sharon Hansen. Ms. Kee presented the staff report accompanied by a slide presentation. She stated that the applicants are John and Sharon Hansen. She said that the request is for a variance to the front and side setback regulations at 7715 Appomattox. Ms. Kee stated that the purpose of the request is to clear the title on the existing residence and not have encroachments show on the title report. She informed the Board that the applicable Ordinance Section is Table A. She also cited the zoning and land uses of the subject property and surrounding properties. Ms. Kee presented the lot • dimensions, existing utility easements, and the topography of the property. She stated that the required front setback is 25 feet. She said that 21 feet is the existing front • setback. She also stated that the required side setback is 7'6", whereas only 7'3" exists. Ms. Kee stated that Jack Daniels Construction was the original builder who was permitted in 1978. She said that the Hansens did not build the house, they purchased it after it had been built. Senior Planner Kee concluded her presentation by identifying the hardship as that of having no alternative but to remove part of the garage. Ms. Kee also said that in January, City Council did grant the Hansens a license to encroach the sewer easement. Mr. Gilmore asked how long the house had been in existence. Ms. Kee said that it was built in 1978. Since there were no other questions of Staff, John Fredrick Hansen came forward and was sworn in. He stated that he currently resides at 1903 Amber Ridge in College Station. He explained that the encroachment and setback problems were discovered when he was in the process of refinancing his previous home, 7715 Appomattox. He further explained that when he bought the house, the original survey did say that there was an encroachment. However, Mr. Hansen said that he • did not realize the implications since the mortgage company did not raise the issue. He said he seeks to gain clear title to avoid problems with selling the house in the future. Mr. Hansen complimented the Board on its conduct and staff's thorough research/presentation. Mr. Henry moved to authorize variances to the minimum front and side setbacks from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: current structure has existed since 1978 under current condition; encroachments to front and side building lines, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: clear title could not be obtained from a sale/conveyance of the property. Ms. Baker seconded the motion which carried in a vote of 4- 0. AGENDA ITEM NO. 5: Consideration of a request for a variance to the parking regulations at the Village Shopping Center. Applicant is Western Gulf Savings and Loan Assoc. • Vice Chairman Gilmore stated that the applicant has requested this item to be tabled. Mr. Henry made a motion ZBA MINUTES 2-13-90 page 2 • that this item be tabled. Ms. Baker seconded the motion which passed in a vote of 4-0. AGENDA ITEM NO. 6: Consideration of the Board's policy relative to reconstruction of non-conforming structures. Senior Planner Kee presented some background information for this item. She began by explaining the City's Community Rehabilitation Program. She stated that this program helps low/moderate income resident to rehabilitate their homes which pose health/safety problems. Ms. Kee stated that these "rehab" projects are most often in older areas of town which have non-conformities such as setback problems and dimension problems of lot width/depth. Kee said that under our previous Zoning Ordinance, Section 4-F enabled the Building Official to order that a structure be renovated due to health/safety reasons. She said that because of these non-conformities and low property value typical of the older areas, reconstruction costs often exceed 60% of the appraised value of the property. Kee stated that under Section 15.2 to consider use permits or special . that reconstruction to non-conform classified as a special exception. the Board could only approve it if reconstruction is less than 60~ of C the Board is empowered exceptions. She said ing structures is She also explained that the cost of the appraised value. Kee said that these cases had not been brought before the Board because of Section 4-F. She explained that this section was accidently eliminated during an update/revision of the Zoning Ordinance. She said that staff has been functioning as though we still had Section 4-F. She explained that when staff reviews a structure for rehabilitation, we look at the appraised value, and the renovation to be done. When we calculate the renovation costs and compare them to the 60% limit, we exclude any costs that are strictly health/safety related (ie: wiring, plumbing). She stated that we also exclude any construction costs which would not ordinarily require a building permit. Ms. Kee said that staff feels uncomfortable with continuing to operate as they have without guidance from the Board. She asked if the Board was satisfied with the current procedure or if they would like to see every case. • She reminded the Board that their decision will be used consistently across town. Ms. Kee said that cases involving ZBA MINUTES 2-13-90 page 3 • other areas of town usually come before the Board anyway because they are not health/safety violations. She said that twice in the past, the Board has established a policy that allows staff to operate without specific Board input on each case. She summarized the issue by asking the Board if they want staff to continue with its present procedure. Mr. Gaston asked how often these types of cases occur. Mr. Clayton Hall of the City's Development office came forward to speak on this matter. He said that out of the 14 projects which he has been involved with, approximately 40% have had non-conforming problems. He said that these projects deal almost exclusively with health/safety problems, the bare essentials. (ie: holes in the walls or the roof) Mr. Gaston asked the nature of the non-conformity of these projects. Mr. Hall said that most were rectangular lots with side setback problems. He said that a few had front setback problems. • Mr. Gaston asked if most projects dealt with setbacks as the non-conformity. Ms. Kee said that setbacks were the sole non-conformity which she had ever encountered. She said that another problem we might encounter would be that of lot dimension. Mr. Gilmore asked the alternatives to operating in the present manner. Ms. Kee said that every case could be brought before the Board as a special exception. Mr. Gilmore asked what direction is needed from the Board to allow staff to continue as it has handled such cases. Ms. Kee said that staff needs a motion in the record and perhaps, specific non-conformities which the Board would like to address. She said that the Board cannot limit any procedure to the "Community Block Grant Rehabilitation Houses". Ms. Kee posed the question: "At what point is the Board concerned with the non-conformities going away, since any rehabilitation will extend the life?" However, she said that the alternatives are no rehabilitation, or some kind of ZBA MINUTES 2-13-90 page 4 • relocation program, or some kind of replacement housing project . Mr. Hall said that Community Development is concerned about the time factor if all cases must come before the Board. Mr. Gilmore said that he could not identify any problems with allowing staff to continue as it has been. Mr. Gaston said that he did not have a problem with this policy as long as it is restricted to residential structures. Mr. Henry said that he believes that the staff's judgement is more than sufficient to handle these cases. Ms. Kee said that she would feel more comfortable with a limitation to single family residential dwellings. Mr. Gaston asked if these non-conforming structures are "owner occupied." Assistant City Attorney Banks said that a limit to "single family" is permissible as long as the policy is enforced consistently in all cases. Ms. Kee asked if a limit to "owner occupied" would be permitted. Ms. Banks said that it would. Mr. Gaston made a motion to adopt a policy to allow staff to continue exercising that discretion in the instances of owner occupied, single family dwellings. Ms. Banks assured members of the Board that the "owner" would be verified as "owner of record" only. Mr. Henry seconded the motion which passed in a unanimous vote (4-0) . ITEM NO. 7: Other Business. Referring to the previous discussion, Ms. Banks asked if health/safety is included in the 60°s calculations. Ms. Kee said that health/safety costs have been excluded. Mr. Gaston asked if the Lessards' satellite dish was moved by January 20, 1990 as directed by the Board at a previous meeting. ~J ZBA MINUTES 2-13-90 page 5 Senior P]anner Kee said that it was moved on January 22, 1990. She said that the pole remained for a short time but has since been moved. Ms. Kee introduced Sabine Kuenzel, the new Planning Assistant, to the Board. She announced that Sabine graduated with a Master's Degree in Urban Planning which was obtained at the "other" school. ITEM NO. 8: Adjourn. Ms. Davis made a motion to adjourn. Mr. Henry seconded the motion and the meeting was adjourned. (4-0) ATTEST: City Secretary, Connie Hooks • • APPROVED: a.~Q C i~t-La.H~ Chairma Robert Gilmore ZBA ninutes 2/13/90 page 6 ZONING BARD OF ADJUSTMENT GUEST REGISTER 3. 4. DATE February 13, 1990 NAME ADDRE S p~ 1. ~ C.S. 2. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.