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Home My WebLink About04/06/2004 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment Apri16, 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 Deborah Grace, Staff Planner's Jennifer Prochazka & Molly Hitchcock, City Attorney Carla 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 NO. 3: Consideration, discussion and possible action to approve meeting minutes from March 2, 2004. Mr. Lewis made the motion to approve the minutes. Mr. Wells seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration, discussion and possible action to approve a variance at 1119 Detroit, lot 13, block 7, McCulloch Subdivision. Applicant is The City of College Station Community Development Office (04-59 JP). Staff Planner Jennifer Prochazka presented the staff report and told the Board that the applicant is requesting the variances to allow for the demolition and reconstruction of a currently deteriorated single-family residence on the property. The applicant is requesting 40-foot lot width and a 5-foot side setback on both sides of the property. The 40-foot wide lots exits as a result of a 1977 conveyance of 10-feet (of the original 50-foot lot) to the Holy Sanctified Church that is located on the adjacent property to the north. This conveyance was done without replatting the property. Without this lot width variance, the property will not be permitted to plat, and therefore, a new structure would not be permitted to be constructed on this lot. The subject property is currently developed as a deteriorated single-family home. With the help of the COCS Community Development Department, a new house is planned for this lot. The house is proposed to encroach into both of the side setbacks by 2.5-feet. • ZBA Minutes Apri16, 2004 Page 1 of 4 The applicant is requesting a variance of 10-feet to the required lot width and a variance of 2.5-feet to both side setbacks. As a special condition the applicant states: "In 1977 a 10-foot wide portion of the original 50-foot wide parcel, identified as lot 13, was conveyed (along with lot 12) from College Reality Co., Inc. to the Holy Sanctified Church (1115 Detroit) located adjacent to the subject parcel. As a result of that conveyance, the subject parcel was reduced to 40-foot in width, thereby creating the hardship of developing on a narrow parcel of land''. As a hardship the applicant states: "Due to the narrow 40-foot width of the subject parcel, when the lot is replatted identifying the two 7-5-foot side setback lines, the buildable area width of the lot will become 25-feet (40'-15'=25'). The hardship that will be created as a result of replating will be the creation of a 40-foot wide lot and the reduction of buildable area width. The applicant states two alternatives: 1) construct a long narrow house resulting in narrow, cramped interior living spaces. 2) deny the owners assistance to redevelop on their existing 40-foot wide parcel of land. The applicant states as public interest: "Since the subject parcel's 40-foot wide configurations with encroachments already exist, no situation contrary to the public interest should be caused by the granting of this variance and legally platting the parcel for proper developmenf'. The Board members had no questions for staff. Chairman Hill opened the public hearing for anyone wanting to speak in favor of the request. • Develo ment Pro ram Coordinator ste ed before the Board and was Enc Barton, COCS Community p g pp sworn in by Chairman Hill. Mr. Barton spoke in favor of the variance request. Mr. Barton gave the Board an overview of the Community Development Department. Mr. Lewis asked how far from the lot line is the corner of the church. Mr. Barton replied that it appears from the surveyors markings that it would be just a little over 2-feet. Mr. Lewis said that would then be a 6 to 7- foot separation between the buildings. Mr. Barton referred to the site plan showing the corner of the church building next door. He stated that between the back of the house and the church it is approximately a 10-foot separation. With no one else stepping forward to speak in favor of the request Chairman Hill called for anyone wanting to speak in opposition of the variance request. Glendia Allen, member of the Church, stepped before the Board and was sworn in by Chairman Hill. Ms. Allen told the Board that she is not necessarily against the variances, she did not get to see the survey and she is just concerned if granting the variances is going to affect the church. Ms. Robinson replied that the variances will not affect the church property. Ms. Allen ended by saying that she has seen the neighborhood greatly improve. Chairman Hill closed the public hearing. • ZBA Minutes April 6, 2004 Page 2 of 4 Mr. Richards made the motion to approve the lot width and minimum setbacks variances from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: subject parcel was reduced to 40-foot in width in 1977 thereby creating the special condition of the inability to build on a 40-foot lot due to the current ordinance of a 50-foot minimum; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the hardship that will be created as a result of replatting will be the creation of a 40-foot lot and the reduction of buildable area width; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following special conditions: variance of 10 feet to the required lot width and a variance of 2.5-feet to both side setbacks. Mr. Sheffy seconded the motion. • • Mr. Lewis stated that he is all for the variance to amend the lot width but he does have a concern with the side setback next to the church. He would not be in favor of changing that setback but would allow the other side setback. There seems to be enough room there. Mr. Lewis ended by saying that he feels the spirit of the ordinance would be violated if the variance was granted on the side next to the chtiu-ch. Chairman Hill stated that he also has concern with both structures being so close. This area has lots that are small and the lots are not square to the street. This area is hard for redevelopment. Mr. Lewis stated that it is possible to build a nice 1200 sq. ft. house without any variance to the side setbacks. If a variance was given just to one side there would be enough room to build a nice house. Mr. Wells asked if the building plan has been reviewed by the Fire Dept. Ms. Prochazka replied that it will be reviewed by the Building Department when they come in for a building permit. Separation of structures is addressed in the building code. Chairman Hill called for the vote. The Board voted (4-1). Mr. Lewis voting against granting the variance. AGENDA ITEM NO. 5: Discussion of Administrative Adjustments approved by City Staff. No adjustments given. AGENDA ITEM NO. 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. There were no items discussed. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. ZBA Minutes Apri[ 6, 2004 Page 3 of 4 ATTEST: ~~~~ eborah Grace, S aff Assistant • APP V D: ~. i~ Leslie Hill, Chairman ZBA Minutes April 6, 2004 Prrge 4 of 4 ZONING B OARD OF ADJUSTMENT GUEST REGISTER • MEETING DATE NAME ADDRESS 1. 2. 3. 4. 5. 8. 9. 6. ~.,,~ ---~. 7. ~r~ ~~~r ~l r~~ s~~~ -~ ,.3c:~>.Z ,~.. ~ ~ ) r~ I~D'l~`~~~ sf ~y~ ~i ~, J `j'sL~ ~~ i..s'~ 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25. ZONING BOARD OF ADJUSTN~N`I' • 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) ~_ 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: t~ n,~~.t~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: Stns ~~/i~~l~ ~='~'~ ~/Vr~`f 7/ ` and such that the spirit of this ordinance ° shall be observed and substantial justice done subject to the following limitations: ~~ ~.-~ u~ ..._., ~c~ ~ due. ~~ ~ u ~~(~~ ~ ~ ~ ~~ ~ ~~~ _~-~ ~ tip. `:-~ 1 ~-~ ~ ~ ~=c ~ ~---c~ ~~ o~ - ~ r~ ~,/ Motion made by ' ~ ~ ~~~ ~ Date 0¢ Seconded by ~ "~t~_ ~n ~~(-' ~) ~~' ~~ Voting Results Chair Signature ~ ~ ~~_~ 1 ~ ~ (: ~C~~-. (/' ~ _ f `-~~ ~ ~ ~ f6J8.DOC \J