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Home My WebLink About08/06/2002 - Regular Agenda - Zoning Board of Adjustments MINUTES Zoning Board of Adjustment August 6,2002 • CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Hill, Shelly,Richards,Lewis&Birdwell. MEMBERS ABSENT: Alternates Goss, Allison&Whisenant(not needed). STAFF PRESENT: Staff Assistant Grace, Staff Planner Flanery, and Asst. City Attorney Robinson. AGENDA ITEM NO. 1: Call to order—Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consider any absence request forms. No requests turned in. AGENDA ITEM NO.3: Consideration, discussion and possible action of meeting minutes from June 4, 2002. Mr. Lewis made the motion to approve the minutes. Mr. Richards seconded the motion, which lb passed (4-0-1). Mr. Birdwell abstaining from voting. He was not in attendance at the June 4 meeting. AGENDA ITEM NO.4: Consideration, discussion and possible action on a side and rear setback variance at 1005 Hereford, portion of lot 2, lot 3, of block 6, Southeast College Park Subdivision. Applicant is Jack Brent Maxwell. (02-142). Staff Planner Flanery stepped before the Board and presented the staff report. Ms. Flanery told the Board that the applicant is requesting the variance to allow for the construction of a carport. According the City of College Station Zoning Ordinance the minimum rear building setback for a garage or carport is 20-feet and the minimum side setback is 7.5-feet. The setback variance requested by the applicant is 0'-0" for the side building setback and 15.5-feet for the rear building setback. The subject property is developed as a single family home. A carport is planned for this lot that will encroach into both the side building setback and the rear building setback. The applicant is requesting a variance of 7.5-feet to the side-building setback and 4.5-feet to the rear building setback to allow for the construction of a carport. The applicant provides the following as a special condition: the garage built by the previous owner is ipunusable as a garage. The turning radius will not allow a vehicle into the garage. The driveway is existing. ZBA Minutes August 6,2002 Page I of 3 For a hardship the applicant states that the garage cannot be used to protect vehicles from the weather. eThe applicant offers no alternatives to the variance. Ms. Flanery ended her report by telling the Board that she had received on phone call from a neighbor that was in favor of the variance. Mr. Richards stated that he had spoke to a neighbor that was probably the person that called Ms. Flanery. Mr. Richards stated that she certainly expressed no objections to the carport and indicated that it is also the general feeling of the neighborhood. Mr. Birdwell referenced the survey in the packet. The survey indicates the side setback as 20-feet and the rear as 12.5-feet. Mr. Birdwell asked were the setbacks at some prior time different. Ms. Flanery replied yes and at the time this house was developed they might not have had single-family residential setbacks. Mr. Birdwell asked if there was a variance granted on the house at the time that it was built. Ms. Flanery replied no. Mr. Birdwell noted that the entire rear of the home is encroaching into the rear setback. Ms. Flanery stated that it is a current legal non-conformity. Ms. Flanery ended by saying that the applicant is only asking for a variance to the addition. Mr. Birdwell asked if staff knew anything about other properties in the neighborhood with the non- conformity. Ms. Flanery replied that many homes in the Southside neighborhood have legal non- • conformities because of it being an older district. Mr. Lewis told the applicant that in order for the Board to grant variances they must find a hardship. Mr. Maxwell stated that not being able to protect the vehicles from the weather would be his hardship. Chairman Hill opened the public hearing for anyone wanting to speak in favor of the variance. Jack Brent Maxwell, the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. Maxwell told the Board that he purchased the house a year and a half ago. He explained that the garage is unusable as a garage and the location for the proposed carport makes the most sense visually and structurally. Mr. Maxwell ended by saying that none of the neighbors object. With no one stepping forward to speak in favor or opposition of the Chairman Hill closed the public hearing. Chairman Hill stated that he drove by the property and in his opinion that is a reasonable place to put a carport. Chairman Hill stated that he spoke to a neighbor and she had no objections to the carport. 1 4) ZSA Minutes August 6,2002 Page 2 of 3 Mr. Birdwell 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: this is an older area of town and the home was originally built with a 15 plus or minus rear setback, side IIsetbacks of zero are not uncommon in the older part of the Southside for garages; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship of this applicant being: inability to use the existing garage;and such that the spirit if this ordinance shall be observed and substantial justice done subject to the following limitations: 4-feet 6-inch rear variance and 7-feet 6-inch side variance. Mr. Richards seconded the motion. The Board continued discussions on the motion. Mr. Lewis stated that it looks like there are two garages added on the home now. Chairman Hill asked Ms. Robinson if the variance could be written in such a way that the carport could not become an enclosed garage. Ms. Robinson told the Board that their decision is to grant a variance for the addition to encroach. Chairman Hill called for the vote on Mr. Birdwell's motion. The Board voted (4-1). Mr. Lewis voting against granting the variance. AGENDA ITEM NO.5: Consideration, discussion and possible action on future agenda items. No items were discussed. 1 • GENDA ITEM NO. 6: Adjourn. Chairman Hill adjourned the meeting. APP O : r Leslie Hill,Chairman ATTEST: Deborah Grace, Stag Assistant 111 ZBA Minutes August 6,2002 Page 3 of 3 ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) X 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: 9-‘SG.c. aavar ac Qc. �cA-t wcued.-- cc AZ.� • . . ctc�\\ ,1 ��\‘k W��-� 1eZ wS oc M‘cN% CPAs S* o o ZQs0 ace_(NO- c c4rc cc oc. �'E-ir.-e. ; ecc ray 5ct,S�� c Qsotc 0 a.g and because a strict enforcement of the provisions of Me ordrice would result in unnecessary hardship to this applicant being: Nc,Th -� \se. 'Ai INCk • and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: 4.1lQ c ec.c -I ' I' S'"c\.R, r0 tN,ND _ Motion made b ‘ a)Q. .\ Date%.`Q 111/ Seconded by .N C`XNU.cC: S Voting Results 4---tA.LeA/S.‘ Chair Signature vARPIsss_ooc ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) X 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: \3-‘5 G IN CAll2r a v ec, em_Q.LA' F, • Orsk ' ‘‘v��Jv:\lc �,;� 1cp\�c by rc:.�..�5 C c o\ c rO and because a strict enforcement of the provisions of e ordiMnce would result in unnecessary hardship to this applicant being: '► (\0\51 vSe. ( v MC L,_ • and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: �.�-► 4 " C eo,c�o��o�c.C�.� c� 1 401' SsuN\42,Qo1/4..T--ia to.° Motion made b 1-%v CL)Q\\ Date 4 _ IllSeconded by ‘c .C-CS Voting Results ��' (..LQiS ') r zrChair Signature '. i,grVARPI638.DOC ZONING BOARD OF ADJUSTMENT GUEST REGISTER MEETING DATE rC"`0 NAME ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. 9. 110 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.