HomeMy WebLinkAbout08/02/2005 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
Zoning Board of Adjustment
August 2, 2005
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Josh Benn, Marsha
Sanford & Charles Taylor.
MEMBERS ABSENT: Graham Sheffy. Alternate, Denise Whisenant (not needed)
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner's Molly Hitchcock, Jennifer
Prochazka, Jennifer Reeves, Lindsay Boyer, Senior Planner Trey
Fletcher, City Attorney Carla Robinson, City Attorney Harvey Cargill,
Assistant Director of Planning & Development Services Lance Simms
and Director of Planning and Development Services Joey Dunn
AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board.
Chairman Goss called the meeting to order.
AGENDA ITEM N0.2: Consideration, discussion and possible action of absence requests.
• Graham Sheffy submitted an absence request and stated he could not attend the meeting due to
work related business. Mr. Benn made the motion to approve the request. Mr. Richards
seconded the motion, which passed unopposed (5-0).
AGENDA ITEM N0.3: Consideration, discussion and possible action to approve meeting
minutes from April 5, 2005.
Mr. Richards made the motion to approve the minutes. Mr. Braune seconded the motion, which
passed unopposed (5-0).
AGENDA ITEM N0.4: Public hearing, presentation, discussion, consideration and possible
action, to consider a variance for 210 Timber Street, Lot 5, Block 1, of the Holik Subdivision.
Applicant is Keith Ellis for Patrick and Sue Mahoney. (OS-125)
Staff Planner Jennifer Reeves presented the staff report and stated that the applicant is requesting the
variance to continue the construction of asingle-family home.
The applicant is requesting a variance in order to construct a larger than current average home in this
area to continue the upgrading trend already evidenced in the neighborhood. Even though the resulting
setback lies within the R-1 Single-Family Residential setback of 25-feet, the applicant is requesting a
5-foot 1-inch variance to comply.
•
As a special condition and hardship the applicant states: "The City of College Station granted a
building permit for 210 Timber to Ellis Custom Homes, based upon the current site plan which Ellis
Custom Homes has followed. After construction commenced including, site work, pier installation and
foundation preparations, Ellis ordered an independent form survey to be completed the day before the
foundation pour. It was during the survey that the UDO Section 7.1.D.l.e was discovered by an
independent surveyor and brought to their attention. Ellis Custom Homes then notified the City of
College Station. Substantial trees at the rear of the property preclude the client from moving his home
further back without sacrificing the shade trees which characterize the neighborhood".
As an alternate the applicant states: "Reducing the size of the residence (and scope of the project)
would cause it to fit within the setback limits of the UDO. However this would defeat the effort to
upgrade this area of the City".
Staff Planner Reeves ended her staff report by showing the Board pictures of the property and saying
that she had received numerous phone calls. There were no calls in opposition.
Chairman Goss asked if this would have met all requirements prior to the adoption of the UDO. Ms.
Reeves replied yes.
Chairman Goss opened the public hearing for those wanting to speak in favor of the request.
The following persons were sworn in by Chairman Goss and spoke in favor of the variance request:
Patrick Mahoney, the property owner
Keith Ellis, the contractor
Sandra Hoekstra, 210 Lee Avenue
Bruce Hoekstra, 210 Lee Avenue
W. T. Reidel, 300 Timber Street
With no one else stepping forward to speak in favor or against the request, Chairman Goss closed the
public hearing.
Josh Benn 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: The
City of College Station, granted the building permit for 210 Timber to Ellis Custom Homes based upon
the current side plan which Ellis Custom Homes has followed. After construction commenced
including site work, pier installation and foundation preparations, Ellis ordered an independent form
survey to be completed a day before the foundation pour and during that survey it was noted that UDO
Section 7.1.D.l.e was discovered and brought the attention of the appropriate parties; and because a
strict enforcement of the provisions of the Ordinance would result unnecessary hardship to this
applicant being: the substantial trees at the rear of the property would be sacrificed and because of the
above mentioned items that the applicant has previously done in getting the building permit and it
would be undue hardship to the applicant; and such that the spirit of this Ordinance shall be observed
and substantial justice done subject to the following limitations: the variance to the front setback will
be 5-feet and 1-inch. Mr. Richards seconded the motion, which passed unopposed (5-0).
~_.J
ZBA Minutes August 2, 2005 Page 2 of 3
AGENDA ITEM NO. 5: Discussion of Administrative Adjustments approved by City Staff.
OS-56 - 611 & 613 Banks Street -1-foot to the rear setback
05-86 -1731 University Drive - 6 parking spaces
There was no discussion.
AGENDA ITEM N0.6: Consideration and possible action on future agenda items - A
Zoning Member may inquire about a subject for which notice has not been given. A statement of
specific factual information or the recitation of existing policy may be given. Any deliberation
shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
200 foot notification area.
AGENDA ITEM NO. 7:
The meeting was adjourned.
Adjourn.
Chairman
ATTEST:
borah Grace,
•
Assistant
ZBA Minutes August 2, 2005 Page 3 of 3
•
CITY OF COLLEGE STATION
Planning e'r Development Services
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
VARIANCE FROM SECTION _ of the Unified Development Ordinance.
I move to authorize a variance to the
Yard (Article 5)
Lot Width (Article 5)
Lot Depth (Article 5)
_X_ Minimum Setback (Article 5)
Section 5.2 & 5.4 Dimensional Standards
Parking Requirements (Section 9)
Article 7, Section 7.2 Off-Street Parking Standards
from the terms of this Ordinance as it will not be contrary to the public interest, due to the
following special conditions:
• The City of College Station granted the building permit for 210 Timber to Ellis Custom Homes
based upon the current site plan which Ellis Custom Homes has followed. After construction
commenced including site work, pier installation and foundation preparations, Ellis ordered an
independent form survey to be completed a day before the foundation pour and during that survey
it was noted that UDO Section 7.1.D.l.e was discovered and brought the attention of the
appropriate parties.
and because a strict enforcement of the provisions of the Ordinance would result in
unnecessary hardship to this applicant being:
the substantial trees at the rear of the property would be sacrificed and because of the
above mentioned items that the applicant has previously done in getting the building
permit and it would be undue hardship to the applicant:
and such that the spirit of this Ordinance shall be observed and substantial justice
done subject to the following limitations:
The variance to the front setback be 5-feet 1-inch.
Motion made by: Josh Benn
Seconded by: John Richards
Voting Results: 5-0
Chair Signature: Jay Goss Date: 8/2/05
WORKSHOP
MINUTES
Zoning Board of Adjustment
• August 2, 2005
CITY OF COLLEGE STATION, TEXAS
5:30 P.M.
MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Josh Benn, Marsha
Sanford & Charles Taylor.
MEMBERS ABSENT: Graham Sheffy. Alternate, Denise Whisenant (not needed)
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner's Molly Hitchcock, Jennifer
Prochazka, Jennifer Reeves, Lindsay Boyer, Senior Plarmer Trey
Fletcher, City Attorney Carla Robinson, City Attorney Harvey Cargill,
Assistant Director of Planning & Development Services Lance Simms
and Director of Planning and Development Services Joey Dunn.
AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board.
Chairman Goss called the workshop to order.
AGENDA ITEM N0.2: Presentation, discussion and possible action regarding Zoning
Board of Adjustments' role as quasi-judicial board, including contact with citizens, and related
matters.
Harvey Cargill handed the Board a memo. The memo outlined the issue of prior to hearing a variance
request, may a Board Member visit the property in question, speak with neighbors or other interested
individuals, take measurements of property, and conduct other outside investigation. (Memo attached
as part of minutes)
Issues discussed:
Board is not getting both sides of the story
Notification letter does not give surrounding property owners enough information
The Board is not given a recommendation by staff
A review be given to the ZBA periodically on how they are performing
The Board should start receiving their packets earlier so if they have questions they can contact staff
before the meeting.
AGENDA ITEM N0.3: Discussion and possible action concerning the wording for the
notification letters sent to property owners.
The Board discussed the letter. Chairman Goss will make changes to the letter and place back on the
next workshop agenda for discussion and possible approval by the Board.
•
AGENDA ITEM N0.4: Discussion and possible action concerning the 200-foot notification
area.
• The Board ran out of time to discuss this item. This item will be placed on the next workshop agenda.
A P
ATTEST:
Deborah Grace, taff Assistant
•
ZBA Workshop Minutes August 2, 2005
•
Chairman
Page 2 of 2
•
MEMORANDUM
TO: College Station Zoning Board of Adjustment
FROM: Carla A. Robinson
Senior Assistant City Attorney
THROUGH: Harvey Cargill, Jr.
City Attorney
DATE: August 2, 2005
• RE: Issue: Prior to hearing a variance request, may a board member
visit the property in question, speak with neighbors or other
interested individuals, take measurements of property, and
conduct other outside investigation?
Answer: The Zoning Board of Adjustment is a quasi judicial body whose board members must make
unbiased decisions based upon evidence that is presented at the hearing. For this reason, the board
members should not engage in discussions about the zoning request with neighbors or gather other
data on their own (i.e. take photos, measurements, etc.).
Discussion: A Zoning Board of Adjustments is a quasi judicial body. The acts of a quasi judicial
body include ascertaining facts, holding hearings, exercising discretion, and drawing conclusions from
the facts. A quasi judicial body differs from a court of law and the rules that apply to a court need not
be strictly followed. However, quasi judicial proceedings must still meet the minimum requirements
of due process. The basic elements for administrative due process are notice, a hearing, an impartial
trier of facts, and a right to examine and rebut all the evidence.
•
O.• Ideve_serIGRACEIZBAIZBA -Quasi-Judicial Body.doc
• Aboard member who gathers information him or herself prior to the hearing creates a potential due
process issue for two reasons:
1. There is a potential perception of bias. Aboard member who speaks with neighbors or
other interested persons places him or herself within the actual variance process rather than
maintaining the role of an impartial trier of facts. In speaking with these individuals, the board
member may inadvertently impact that individual's perceptions of the variance request, or
likewise, the board member's perceptions may be impacted prior to the hearing.
Consequently, the board member may begin the hearing with preconceived notions that result
in some bias, or in the perception of others that there is some bias.
2. The board member's decision may be based on evidence that was not presented at the
hearing. At a hearing on a variance request, the City, the applicant and other interested
persons are entitled to present evidence to the Board upon which the Board bases its
decision. The applicant is entitled to hear and respond to all the evidence presented. If,
for instance, a board member speaks to neighbors who do not attend the hearing and
testify to the Board, then the applicant will not have an opportunity to question or respond
to that neighbor.
Guidelines. The following suggestions may be helpful to you:
1. Do not speak with the applicant or any interested individuals about the facts of the case
prior to the hearing.
2. If you are approached by someone, avoid discussions about the issues, but do encourage
that person to attend and testify at the hearing, which is open to the public.
3. If you find it helpful, you may drive by the property. However, avoid taking photos,
measuring the property, walking off the property, etc.
4. If you believe you will need additional information to make a decision, prior to the
hearing, ask the planner to be prepared to provide the information at the hearing.
And if you are concerned about what you may and may not do, always feel free to contact
Harvey, me, or any of the attorneys in our office, and we will help you resolve your question.
.7
O: Ideve serIGRACEIZBAIZBA -Quasi-Judicial Body.doc
ZONING BOARD OF ADJUSTMENT
• GUEST REGISTER
MEETING DATE: August 2, 2005
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