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HomeMy WebLinkAbout03/02/2004 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment March 2, 2004 • CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Hill, John Richards, Rodger Lewis, Graham Sheffy & Ward Wells MEMBERS ABSENT: Alternates Jay Goss & John Fedora (not needed). STAFF PRESENT: Staff Assistant Grace, Staff Planners Jennifer Prochazka, City Attorney Robinson, Action Center Representative Regina Kelly. 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 were turned in. AGENDA ITEM N0.3: Consideration, discussion and possible action to approve meeting • minutes from February 3, 2004. Mr. Lewis made the motion to approve the minutes. Mr. Sheffy seconded the motion, which passed unopposed (S-0). AGENDA ITEM NO. 4: Consideration, discussion and possible action to approve a variance at 308 Ash Street, lot 1 and portion of lot 2, block G, College Vista Subdivision. Applicant is Noberto Santana Jr. (04-OI JP). Staff Planner Prochazka presented the staff report and told the Board that the applicant is requesting the variance to allow for the construction of an enclosed two car garage. The subject property is developed as asingle-family home. A two-car garage is planned for this property that will encroach into the rear setback. The applicant is requesting a variance of 7.5'-feet to the rear setback to allow for the construction of the garage. As a special condition the applicant states: "they will lose two live oak trees if the garage must come off of Ash Street; it is an older property and they are trying to update the living conditions and keep their vehicles protected; their driveway is very dark". As a hardship the applicant states: the odd geometric system developed when Nimitz Street developed. Also if they chose to build the garage on lot 2, lot of Ash Street, they would lose two 20 year old live oaks and one pecan tree. The garage would have to be on the other side of the house where there is no • entrance, and they would have to install a second driveway. There is a lack of parking on Ash Street. There is no parking allowed on Nimitz and Nimitz is not a full street. ZBA Minutes March 2, 2004 Page 1 of 3 Chairman Hill opened the public hearing for those wanting to speak in favor of the request. • Noberto Santana Jr., the applicant and homeowner, stepped before the Board and was sworn in by Chairman Hill. Mr. Santana spoke in favor of the variance request. Mr. Richards asked if the carport will be removed. Mr. Santana replied yes. The garage will be attached to the house. Mr. Lewis asked what will happen to the existing garage. Mr. Santana replied that he will convert it to a utility room and another bathroom. Mr. Richards asked how tall the garage is going to be. Mr. Santana replied that it will be an 8'- foot ceiling, single story garage. Mrs. Santana stepped before the Board and was sworn in by Chairman Hill. Mrs. Santana spoke in favor of the variance request. With no one else stepping forward to speak in favor or opposition to the variance Chairman Hill closed the public hearing. Graham 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 conditions: it is going to be a 12.5 -foot setback and it is basically bringing beautification to the neighborhood yard system and it does not appear to offer a major hardship; and because a strict enforcement of the • provisions of the ordinance would result in unnecessary hardship to this applicant being :that he does not have to park m traffic on Nimitz Street and giving his family a place to enjoy as well as be safe; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations:' ''+ ' +''° ''.`'"°"" °°*''""'' ""'""""=°• Mr. Richards seconded the motion. Mr. Sheffy made the motion to amend his motion under limitation to read: built only to the 12.5' - foot rear setback ordinance. Mr. Richards seconded the motion to amend, which passed unopposed (5-0). Chairman Hill stated that he sees no reason to deny the variance. Mr. Lewis stated that he is having a hard time finding a hardship and special condition since they do have plenty of space elsewhere on their lot to create living space. If they want a two car garage they could add a one car garage and use the one they have. He ended by saying he is not sure that the need/hardship is definite when they have a lot of room on the other side. Chairman Hill stated that in this particular case he feels the trees on the west side of the property are a special condition. He would like to see the trees remain. It would be detrimental to the property and the neighborhood as a whole if they were removed. He ended by saying that he would feel comfortable giving the trees consideration as a special condition. Chairman Hill called for the vote to grant the rear setback variance. The Board voted (S-0). • Pa ego 3 ZBA Minutes March 2, 2004 g .f AGENDA ITEM NO. 5: Discussion of Administrative Adjustments approved by City Staff. 4756 Stonebriar Circle -side setback ment iven. The Board members had no uestions. Staff Planner Prochazka went over the adjust g q AGENDA ITEM NO. 6: Consideration, discussion and possible action on future agenda items. No items were discussed. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. ATTEST: ~_ Deborah Grace, Staff Assistant APPR VE ' ~... r Leslie Hill, Chairman • C~ J ZBA Minutes March 2, 2004 Page 3 of 3 ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MO'T`ION 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 R) 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: ,~ ~l ~ ,rz-, ~ ~ -,`~` '`. ~ ~~ ~` and because a strict enforcement of the provisions of the ord'u4`ance would resu~in unnecessary hardship to this applicant being: • Motion made by Seconded by Chair Signature tantial justice l` ,~ Date ~- 2 - C1 ~ Voting Results ~.~ VN2Pf 638.DOC ). and such that the spirit°of this ordinance shall be observed and done subject to the following limitations: J . .-~L~ ZONING B OARD OF ADJUSTMENT G UEST REGISTER MEETING DATE: MARCH 2, 2004 4 5 6 7 8 9 ~10 11 12 13 14 15 16 17 18 19 20 21 23 ~24 25 NAME 2. 3. 22 ADDRESS 3~ ~' ~5~,