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HomeMy WebLinkAbout11/01/2005 - Regular Agenda Packet - Zoning Board of AdjustmentsWorkshop Agenda College Station Zoning Board of Adjustment Administrative Conference Room 1101 Texas Avenue Tuesday, November 1, 2005 5:30 p.m. CITY OF COLLEGE STATION Planning ~r Development Services Call to order 2. Presentation, discussion and possible action on staff recommendations concerning ZBA cases. 3. Discussion of Administrative Adjustments approved by City Staff. OS-156 - 1100 University Drive OS-183 - 1101 Walton Drive 4. Adjourn Consultation with Attornev {Gov't Code Section 551 071 • possible action The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. Notice is hereby given that a Workshop Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on the 1st day of November, 2005 at 5:30 p.m. at the Administrative Conference Room, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the day of , 2005 at p.m. CITY OF COLLEGE STATION, TEXAS By Connie Hooks, City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.aov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on May 23, 2005, at 3:00 p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by Dated this day of .2005. CITY OF COLLEGE STATION, TEXAS By Subscribed and sworn to before me on this the day of 2005. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Planning and Development Services P.O. Box 9960 1101 Texas Avenue .College Station, TX 77842 (979) 764-3570 MEMORANDUM DATE: 20 October 2005 TO: College Station Zoning Board of Adjustment FROM: Lance Simms, Assistant Director of Planning & Development Services RE: Staff Recommendations to ZBA Effective 1 November 2005, City staff will begin making case specific recommendations to the Zoning Board of Adjustments (ZBA), as appropriate. When making a recommendation, staff will carefully consider the nature of the proposed use of the land involved, the existing use of the neighboring property, and the possibility that a nuisance will be created by the approval of a variance. Staff will also consider the following issues: • Extraordinary Conditions Do extraordinary or special conditions affect the subject property such that a strict application of City codes and/or ordinances deprives an applicant of the reasonable use of his or her property? Enjoyment of a Substantial Property Right Is the requested variance necessary for the preservation and enjoyment of a substantial property right of the applicant? Substantial Detriment Will the granting of the variance cause detriment to the public health, safety, or welfare, or harm to other property in the area, or to the City in administering the Unified Development Ordinance (UDO)? Subdivision Will the granting of the variance have the effect of preventing the orderly subdivision of other land in the area? .7 Home of Texas A&M Llniversity ZBA Memo - Pg. 2 Flood Hazard Protection • Will the granting of the variance have the effect of preventing flood hazard rotection in accordance P with adopted standards? Other Property Do the conditions associated with the variance request generally apply to other property in the vicinity? Hardship Is any stated or perceived hardship the result of the applicant's own actions? Comprehensive Plan Would the granting of the variance substantially conflict with the Comprehensive Plan or the purposes of the UDO? Utilization Are special conditions associated with this particular piece of property that would effectively prohibit or unreasonably restrict the utilization of the property? • As a final note, it is important to remember that the ZBA is a quasi judicial body. As such, the ZBA may ascertain facts, draw conclusions and exercise discretion based on the evidence presented at the public hearing both by city staff and all others testifying or presenting other evidence. Staff recommendations will typically be made well in advance of the public hearing and, therefore, may not be based on all the facts presented to the Board during the public hearing. I trust this information is useful. Please do not hesitate to contact me should you have questions or need additional information. C Home of Texas A&M University +~ CITY OF COLLEGE STATION Planning cis Development Services September 2, 2005 Steve Hapanionek Hillcrest Development, Inc. 404 N. Galena Ave. Dixon, IL 61021 RE: 1100 University Drive East, College Station Texas Lot 1R Block 1, Wheeler Subdlvlslon Phase 2 Dear Mr. Hapanionek This letter is to inform you that the above referenced property has received an administrative adjustment of two feet to the 20-foot depth required for parking stalls. This adjustment applies only to the 20 parking spaces at the rear of the property. • According to the Unified Development Ordinance (UDO), Section 3.15, the Administrator has the authority to grant an adjustment of up to 10 percent from any numerical zoning standard set forth in Articles 5, 6, or 7 of the UDO. To approve the application for an administrative adjustment, the Administrator shall make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the UDO, have been met. The Administrator has found that: Granting the 10% adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards because the amount of the adjustment is negligible and will not significantly alter the intensity of the land use; Granting the adjustment will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development, because of the significant grade change from adjacent restaurants and that this particular development is not oriented toward the surrounding restaurant uses. Granting the adjustment will be generally consistent with the purposes and intent of this UDO owing to the fact that the reduction of six parking spaces is negligible. If you have any questions, please feel free to call me at 979.764.3570 Sincerely, Joey n, AICP Dir or f Planning & Development Services • cc: Case File # 05-156 Kyle Legends I, L..P. via fax 214.890.1355 P.O. BOX 9960.1101 TEXAS AVENUE COLLEGE STATION • TEXAS •77842 979.764.3570 WVYVH.CSb(.gOV ~TY OF COLLEGE STATION Planning cr' Dcveloprnrnt Services ' R OFFICE U E ONLY CASE NO.: - DATE SUBMITTED: (-~ ~~ ADMINISTRATIVE ADJUSTMENT APPLICATION t~ °°P»- MINIMUM SUBMITTAL REQUIREMENTS: Filing Fee of $40.00. V Application completed in full. /Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials required. Date of Preapplication Conference:- Ml~2G N ZZ, Z UU Lf APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name J~evc~ N~.n[~vi iov~c.~ t~roaec.~ Sc~oli~r i ~+~e„~~I~,,., t f7~RC'rcS-t 't~e~elo~~ ev~~ T,.c... Street Address ~1c~~-1 r~l . C-~le.,ti~ Awe. City ~; X o,~. State~_ Zip Code Cn( c~2 l E-Mail Address Phone Number Cel( (8 (s'~ `~~3 _y y y G • PROPERTY OWNER'S INFORMATION: Fax Number ~~i~c~ $y (~ - 2~ 1 2 Name KuT_Le_e,e~cls ~ , Z . Street Address ~S-O Z G, r e.e~,.` v ; l (~ Avg . u; f ~ City _~a.l I cis Stater„~ Zip Code x-5231 E-Mail Address ~~W. (?-f'=ek~uo,kr{P.yelopw..e~t;. ~cr~ Phone Number (Zi4~ 8 i O- 9225 Fax Number (21y~ 89 0- 13SS LOCATION OF PROPERTY: Address I l UO U,,.;.,es~si{-y ~Zi-eve Ea.s~ ~ ©~~ eye ~fo.f :crv. ~ I ~xcs.c Lot ~_ Block 1 Subdivision W ~.e~1 ~- ~ 5~1~ ~I ; .,; s a,~. Description if there is no Lot, Block and Subdivision Current Zoning of Subject Property: _ __ (' -1, O'V Applicable Ordinance Section: Un;~':e~l lleJ~~cnn.~e~~ ~rdo:r~c~.~c,~ ~e~~:ati. "~ .2 • 6/13/03 1 of 2 • ADMISTRATIVE ADJUSTMENT REQUEST The following specific adjustment (up to 10%) from the ordinance requirements is requested: See the attached 1 l -inch by 17-inch drawing labeled as C-4 for the location of the parking spaces involved with this Administrative Adjustment Request for the AmeriSuites site. A request is made to permit the depth of parking spaces for approximately 17 spaces to be 18 to 19 ft depth in lieu of the 20 ft depth required by the Unified Development Ordinance (UDO). At least 3 parking spaces that are approximately l 7 ft deep will be designated as parking for "motorcycles or compact cars only." The drive lanes behind the parking spacing have a total width of 24 ft, which is one foot greater than the 23 ft required by the UDO. Therefore, the current 19 ft long parking spaces will actually be 20 ft long if 1 ft of the 24 ft wide drive lanes can be "borrowed" for the parking space, and similarly, the remaining 18 ft long spaces will actually be ] 9 ft in length. The parking spaces border a steep bank drainageway that is a tributary to Burton Creek. A safety fence is required at the edge of the parking spaces. Although there is no public walkway or sidewalk in front of the parking spaces, the fence was required and was added as a safety precaution for pedestrians in this area. Originally, it was believed that the safety fence could be installed on the retaining wall and permit a 2-ft overhang of the curb to achieve the planned 20 ft long parking space. However, the constructed retaining wall is a gravity stone wall with no reinforcing steel to absorb tension forces (except in the footing), and the designer of the wall would not permit the safety fence to be mounted on the wall. See an attached page of the General Notes developed by the designer of the retaining wall with the prohibition against attaching the • fence to the wall highlighted in yellow. The adjustment will not be contrary of the public interest by virtue of the following facts: The minimum 20 ft wide fire lane behind the parking spaces will be maintained at all times. The area of proposed parking is located at the rear of the hotel and is adjacent to the previously referenced drainageway that is a tributary to Burton Creek. No roadway crossings of the creek are anticipated or planned at the present time. Therefore, the only access to public roadways from the referenced drive lanes is University Drive along the front of the hotel site. The drive lanes are therefore not within any main circulation routes, but rather, are within a "backwater" area that is primarily used for staff parking. Consequently, the proposed adjustment is not expected to have any adverse impact on the public interest. The granting of the adjustment will not materially or adversely affect adjacent land uses or the physical character of the uses in the immediate vicinity because of the following: As previously indicated, the proposed parking area is in an isolated portion of the site and is on a private roadway that is not adjacent to any public right-of--way. The drive lanes adjacent to the parking area in question do not even tie-in to adjacent developments, but merely form the rear portion of the paved areas contained totally within the hotel site. In addition, the land behind the parking area is owned by the hotel developer, Kyle Legends I, LP, who does not intend to develop the remainder of the property since it lies within both the floodway and the floodplain of the referenced tributary to Burton Creek. As previously stated, the developer does not intend to extend or even connect the drive lanes to adjacent properties due to the high cost associated with the crossing of the drainageway. Consequently, the granting of the proposed adjustment will not adversely affect adjacent land uses or the physical character of the uses in the immediate vicinity • of the project. 06/13/03 2 of3 1 • The granting of the adjustment will be consistent with the purpose and intent of the Unified Development Ordinance because of the following: The purpose of the minimum parking space depth is intended to minimize interference with traffic flow and emergency vehicle access in the drive lanes behind the parking spaces. As previously discussed, the drive lanes have a width of 24 ft, which is in excess of the 23 ft required by the UDO. Many of the referenced parking spaces will be able to achieve the 20 ft depth without encroaching into the 23 ft minimum required width of the drive lanes. The other parking space may only "intrude" 1 ft into the 23-ft minimum width established by the UDO to the drive lanes. This possible "minimum intrusion" will not have a significant impact on the traffic circulation in the drive lanes since the area is located in the rear of the site and not on main circulation routes and the parking area will mainly be used by hotel staff and not guests. In addition, the minimum 20 ft wide fire lane can be maintained with the granting of the adjustment and public safety will not be adversely affected. Consequently, the grating of the adjustment will be consistent with the purpose and intent of the UDO. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are turn, correct and complete. 4 /~1 M. Frederick Conlin, Jr. P.E. Senior Engine r For the Applicant, Kyle Legends, I LP Signature and Title • ~- ~(E OF rE~q` /* . * t M F CONLIN, JA. .................... ~ ; 44481 ~: ~t~p~~.CE N ~~SQ'' •~~• ~~ roa, ~ ~o fl 2"d Se tember 2005 Date 06/13/03 3 of 3 CITY OF COLLEGE STATION Planning er Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 /Fax 979.764.3496 October 14, 2005 Phillip Garnett 1101 Walton Drive College Station, TX 77840 RE: Property located at 1101 Walton Drive • Dear Mr. Garrett: This letter is to inform you that the above referenced property has received an administrative adjustment of 9.5 inches from the required 20 foot rear setback. This adjustment will allow for a rear setback of 19 feet 2.5 inches. According to the Unified Development Ordinance Section 3.15, the Administrator has the authority to authorize adjustment of up to 10 percent from any numerical zoning standard set forth in Articles 5, 6, or 7 of the Unified Development Ordinance. To approve the application for an administrative adjustment, the Administrator shall make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the Unified Development Ordinance, have been met. The Administrator has found that: Granting the adjustment will ensure the same general level of land use compatibility as the otherwise applicable standarcls; Granting the adjustment will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development; and Granting the adjustment will be generally consistent with the purposes and intent . of this UDO. • Page 2 • If you have any questions, please feel free to call me at 979.764.3570. Sincerely, _.---L Joey nn, AICP Dire r, Planning and Development Services f College Station CC: File # 05-00500183 Zoning Board of Adjustments (ZBA) • October 14, 2005 • ~ --~ FOR OFFICE USE ONLY CASE NO.: U5 -I D DATE SUBMITTED:_ l~ 'S -VS ITY OF COLLEGE STATION , Alannind c~ Deuelop~nnu Snvica ~ ~ ADMINISTRATIVE ADJUSTMENT APPLICATION / MINIMUM SUBMITTAL REQUIREMENTS: `~ Filing Fee of $40.00. Application completed in full. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials required. Date of Preapplication Conference: APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Phillip Garrett Street Address 1101 Walton Drive hone Number 979-412-2977, PROPERTY OWNER'S INFORMATION: Fax Number 979-775-0121 Name Phillip Garrett Street Address 1101 Walton Drive City College Station State TX Zip Code 77840 E-Mail Address pgarrett~garrett-moving.com Phone Number 979-412-2977 Fax Number 979-775-0121 LOCATION OF PROPERTY: Address 1101 Walton Lot 12 Block 8 Subdivision College Hills Estates Description if there is no Lot, Block and Subdivision Current Zoning of Subject Property: Single Family Applicable Ordinance Section: City College Station State TX Zip Code 77840 E-Mail Address pgarrett(cagarrett-moving.com 6/13/03 1 of 2 E' J ADMINISTRATIVE ADJUSTMENT REQUEST The following specific adjustment (up to 10%) from the ordinance requirements is requested: An adjustment of approximately 9.5 inches is requested on the rear setback allowance since an existing slab is 19.2' from the rear property line. This adjustment will not be contrary to the public interest by virtue of the following facts: A structure existed on the slab since 1961 and there have been no known conflicts with the public interest. The granting of the adjustment will not materially or adversely affect adjacent land uses or the physical character of the uses in the immediate vicinity because of the following: At the present time the closest house is approximately 200 feet from the slab and the closest public building is located over 125 feet away. As one will note, College Hills Elementary is located directly across Williams Street. Since the intended use of the reconstructed building will remain as storage, property owner does not feel the school district or neighbors would be adversely affected by allowing the building to be rebuilt on the ~iginal slab since no prior adversion is known. The granting of the adjustment will be consistent with the purpose and intent of the Unified Development Ordinance because of the following: Granting the adjustment is consistent with the purpose and intent of the UDO because the structure existed prior the enactment of the current code and to the best of the property owner's knowledge was in compliance with all provisions when constructed in 1961. On September 19 the projected path of Hurricane Rita was over the Brazos Valley, property owner removed the unsafe structure. Otherwise, the building would still be standing and renovations could have occurred whereby saving original structure. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct and complete. (~ f 0'05 gnature and itle Date 6/13103 2 oft CITY OF COLLEGE STATION Planning er Development Services Agenda College Station Zoning Board of Adjustment Council Chamber 1101 Texas Avenue Tuesday, November 1, 2005 6:00 p.m. 1. Call to order -Explanation of functions of the Board. 2. Consideration, discussion and possible action of absence requests. 3. Consideration, discussion and possible action to approve meeting minutes for: August 2, 2005 Workshop and Regular Meeting September 6, 2005 Workshop and Regular Meeting 4. Public hearing, presentation, discussion, and possible action, to consider a variance for 107 Lee Avenue, portion of Lot 4, Lot 5, and portion of Lot 6, Block 3, in the Oakwood Subdivision. Applicant is Casey Moore. (05-170 CH) Consideration and possible action on future agenda items - A Zoning Board 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. 6. Adjourn. Consultation with Attorney {Gov't Code Section 551 071 • possible action The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of the City of College Station, Texas will be held on the 1st day of November, 2005 at 6:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the day of , 2005 at p.m. CITY OF COLLEGE STATION, TEXAS By Connie Hooks, City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.4ov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on May 23, 2005, at 3:00 p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by Dated this day of .2005. CITY OF COLLEGE STATION, TEXAS By Subscribed and sworn to before me on this the day of 2005. Notary Public- Brazos County, Texas My commission expires• This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) i-800-735-2989. Agendas may be viewed on www.cstx.aov. 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 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 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. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant • ZBA Workshop Minutes August 2, 2005 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. D:Ideve serIGRACEIZBAIZBA -Quasi-Judicial Body.doc MINUTES 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, Mazsha 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 Cazla 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 Apri15, 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 vaziance to continue the construction of asingle-family home. The applicant is requesting a variance in order to construct a lazger 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 vaziance 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 prepazations, 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 reaz of the property preclude the client from moving his home further back without sacrificing the shade trees which chazacterize 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 Boazd 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 heazing 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 forwazd 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 ~.l.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 hazdship 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 hazdship 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). • ZBA Minutes August 2, 2005 Page 2 of 3 AGENDA ITEM NO. S: 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: Adjourn. The meeting was adjourned. APPROVED: Jay Goss, Chairman • ATTEST: Deborah Grace, Staff Assistant • ZBA Minutes August Z, 2005 Page 3 of 3 WORKSHOP MINUTES Zoning Board of Adjustment • September 6, 2005 CITY OF COLLEGE STATION, TEXAS 5:30 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Graham Sheffy, Donald Braune & Josh Benn. Derek Dictson, Alternate was in the audience. MEMBERS ABSENT: Alternate, Denise Whisenant, (not needed) STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner Molly Hitchcock, Senior Planner Trey Fletcher, City Attorney Carla Robinson, & Assistant Director of Planning & Development Services Lance Simms. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order. AGENDA ITEM N0.2: Discussion and possible action concerning the 200-foot notification • area. .The Board discussed the memo. (Attached as part of the minutes). Ms. Robinson reminded the Board Members that they could decide to change the notification area. Mr. Simms also stated that the Home Owners Associations in the area of all public hearing are also notified. Mr. Richards asked Staff if they were satisfied with the 200 foot notification area. Mr. Simms stated yes. AGENDA ITEM N0.3: Discussion and possible action concerning the wording for the notification letters sent to property owners. Mr. Simms discussed the following changes made to the letter: - The current property zoning will be added - All property owners within 200 feet of the subject property have received notification of this request. The public hearing is your opportunity to speak in favor or in opposition to the variance request. If you are unable to attend the PUBLIC HEARING but would like your opinion relayed to the Board, please contact the Project Manager listed below. • -The letter does not specify the exact (amount) variance. Ms. Robinson stated that that gives the Board discretion to determine if another variance is more appropriate. The Board asked that the following changes made: - The letter should specify what kind of variance is being requested i.e., front, rear, etc. • -The wording of PUBLIC HEARING should be all caps and bold through out the letter. - There should be a sentence stating what variance the applicant is proposing. It should also state that ZBA may grant a different variance or deny the variance. AGENDA ITEM N0.4: Adjourn. The meeting was adjourned. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant C7 • ZBA Workshop Minutes Se tember 6, 2005 Pa e 2 0 2 p g f • CITY OF COLLEGE STATION Planning er Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 /Fax 979.764.3496 MEMORANDUM January 6, 2004 TO: Zoning Board of Adjustment FROM: Molly Hitchcock, Staff Planner SUBJECT: 200-foot public hearing mail notification As a ~~future agenda item" on May 4, 2004, board members requested that the staff provide • information about the 200-foot notification standard the City of College Station uses for mailed notifications of public hearings for variance requests. The purpose of this memorandum is to: explain the types of notification required for variance requests, discuss the City's reason for requiring a 200-foot notification for variance requests, summarize recent discussions by City Council regarding changing the 200-foot notification standard, and provide the notification standards of other Texas cities. Should the Board wish to discuss the information in this memorandum and the issue of notification, a member should request that it be placed on a future agenda. Current Notification Standards When a variance to zoning regulations is to be considered by the Zoning Board of Adjustments, the City of College Station notifies the public by: 1. Posting a meeting agenda at City Hall least 72 hours before the meeting; 2. Publishing a notice in The Eagle at least 15 days prior to the meeting; and 3. Mailing a notice to property owners within 200 feet of the parcel under consideration at least 10 days prior to the meeting. At a minimum, Section 3.1(F)(2)(c) of the Unified Development Ordinance requires that published and mailed notices provide: 1. The general location of the land that is the subject of the application; 2. The substance of the application, including the magnitude of proposed development and the current zoning district; 3. The time, date, and location of the public hearing; and • 4. A phone number to contact the City. As a standard practice, staff also places public hearing signs on the parcel under consideration the week before the hearing. The 200-Foot Standard Section 211.007 of the Texas Local Government Code requires cities to provide notice of a request for rezoning of property to owners of real property within 200 feet of the property on • which the rezoning is proposed. Yet there is no similar statutory notification requirement for requests for variances. Nonetheless, since 1940, the College Station City Council has consistently adopted, in the City's zoning ordinance, the same notification requirements for variance requests as state law requires for rezonings. It is likely that the City Council adopted variance notice requirements that are identical to the state-required rezoning notice requirements for consistency and ease of implementation. City Council Discussions In 2003, the City Council held policy discussions to give City staff direction in the drafting of the Unified Development Ordinance. When posed with the question of whether or not notification distances should be increased, the Council's consensus was that the official required distance ought to be the same as statutory requirements. However, the Council also determined that as a policy, the City should continue to strive to exceed the statutory requirements to, for example, notify homeowners associations and other interested groups. Based upon that direction, as a practice, Staff has been sending mailed notification to known neighborhood organizations. Standards of Other Cities A survey of seventeen other Texas cities establishes a trend that most cities, like College Station, send mailed notification for variance requests to 200 feet from the property line. Two cities-Austin and Grand Prairie-notify to 300 feet from the property line. • Mailed Notification 'Distances for ZBA Arlin ton 200 ft. Austin 300 Beaumont 200 B an 200 Cor us Christi 200 Denton 200 Garland 200 Grand Prairie 300 Gra evine 200 Irvin 200 Killeen 200 Lewisville 200 McAllen 200 Plano 200 Victoria 200 Waco 200 Wichita Falls 200 • MINUTES Zoning Board of Adjustment September 6, 20Q5 • CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, Graham Sheffy, Josh Benn, Donald Braune & John Richards. MEMBERS ABSENT: Alternates Derek Dictson & Denise Whisenant were in the audience. STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner Molly Hitchcock, Senior Planner Trey Fletcher, City Attorney Carla Robinson, Assistant Director of Planning & Development Services Lance Simms. 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. No requests were submitted. AGENDA ITEM N0.3: Public hearing, presentation, discussion, and possible action, to • consider a variance for 1000 Spring Loop, Lots 4-9, Block U, University Park Phase II. Applicant is Municipal Development Group for River Ridge Townhomes, LTD. (OS-240) Senior Planner Trey Fletcher presented the staff report and stated that the applicant is requesting a variance to reduce the number of required parking spaces for a new multi-family residential development. River Ridge Townhomes LTD is in the process of developing "84 townhouse-style condos" on Spring Loop. The parcel was recently rezoned from A-P Administrative Professional to R-4 Multi-family with a condition that all access is to/from Spring Loop, and a second emergency access may be to/from the public alley near the northwest corner of the parcel. The applicant states that "these apartments would meet the parking requirements if they were platted as twnhomes, i.e. no change to the drawing except lot calls". The UDO defines twnhomes as "one of a group of no less than three, nor more than twelve, attached dwelling units, each dwelling unit located on a separate lot and thereby distinguished from condominium units". Amulti-family dwelling (also referenced as an apartment building) is defined as, "A residential structure providing complete, independent living facilities for three or more families or households living independently of each other and including permanent provisions for living, sleeping, cooking, eating, and sanitation in each unit. Condominiums are included in the definition." • The UDO requires townhomes to provide parking for two vehicles per dwelling unit. Parking for multi-family is based upon the number of bedrooms per dwelling unit. The applicant is proposing 2- bedroom units exclusively; these require 1.5 parking spaces per bedroom, except when each bedroom • has less than 130 square feet, 1.25 parking spaces per bedroom as required. With a proposal for 84 two-bedroom units, a complex would be required to provide 252 parking spaces. The applicant would like to provide 176 spaces, thus requesting a variance of 76 parking spaces. Under Special Conditions and Hardships on the application, the applicant does not address any attributes of the specific property in question but states that the only difference between the townhome and condominium parking requirements is the why the property is platted. The applicant states that, "the technically of drawing lot in no way changes the site plan physically. The proposed parking would actually be surplus." As referenced in the previous section, townhomes must have each dwelling unit located on a separate lot and are thereby distinguished from condominium units. That is, each lot must have frontage to a public street, or private street constructed to a public standard. This includes a minimum right-of--way of 50-feet and the parking to be provided off-street. Required front setbacks may be reduced when rear access to the lot is provided. The applicant has stated that the project could be abandoned or the number of units reduced. Another alternative involves constructing the same density but reconfiguring the design to free additional land for surface parking. Chairman Goss opened the public hearing for those wanting to speak in favor of the request. • Greg Taggert with Municipal Development Group was sworn in by Chairman Goss. Mr. Taggert handed the Board a modified site plan and stated that the plan has been reworked and he can now get 207 parking paces and only needs a variance for 45 parking spaces. Mr. Richards had concerns with it being a gated community and it having only one way in and out. Mr. Benn asked about the special conditions. Mr. Taggert stated that the gas line running through the property would be the special condition. Also the property is slopped and there are utility and access easements on one side that would be a special conditions as well for the lot. With no one else stepping forward to speak in favor or opposition Chairman Goss closed the public hearing. Mr. Richards made the motion to deny the parking variance from the terms of this ordinance as it will not be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. Mr. Braune seconded the motion, which passed unopposed (5-0). • ZBA Minutes September 6, 2005 Page 2 of S AGENDA ITEM N0.4: Public hearing, presentation, discussion, consideration and possible • action, to consider a variance for 316 Pershing, Lots 19 & 20, Block 5, Oakwood Addition. Applicant is Darrell Barrington LLC. (OS-133) Staff Planner Molly Hitchcock presented the staff and stated that the applicant is requesting the variances to allow the builder to continue the construction of a single family home. When the UDO was adopted in 2003, a provision for contextual front setbacks was made to aide the compatibility of infill development in older residential neighborhoods, it states: where an existing block was created by an approved plat prior to July 15, 1970, a new (infill) single-family dwelling unit shall use the adjacent lots to determine the appropriate front yard setback. The new dwelling until shall be set no closer to the street or farther back from the street than the nearest neighboring units. The site the applicant was using was approved in error by the City. The standard single family front setback of 25 feet was shown on the plan, but contextual setbacks apply in this area. The subject property was built with a front setback of 24.88 feet. The neighboring property has a front setback of 44.41 feet; thus the variance of 20 feet is requested to the front setback. The property's survey shows the required 7.5 foot side setback to be at 7.32 feet; thus a variance of 3 inches is requested to the side setback. The applicant states as a special condition that the setback information was not the deed, slab survey, or building permit. • The applicant states as a hardship that the location of the house has been established. The Board may grant lesser variances. Such an alternative will require the removal of the existing foundation. Mr. Simms told the Board that one individual does all the plan review for single-family building permits. He is relatively new and he was certainly aware of the setbacks. This plan was reviewed and approved prior to the other case the Board heard concerning the same type variance (210 Timber). It was the slab surveyor who told the builder that he complied with the standard 25-foot setback but not the contextual setback. Mr. Simms told the Board that the Plans Examiner is aware of this now. Chairman Goss opened the public hearing for those wanting to speak in favor of the request. Darrell Barrington stepped before the Board and was sworn in by Chairman Goss. Mr. Barrington explained that the house will enhance the neighborhood. Mr. Richards stated that with a home this size the parking is a concern for him. • ZBA Minutes September 6, 2005 Page 3 of S The following spoke in favor of the request: Charles McCandless, 310 Suffolk • Sandy Hoekstra, 210 Lee Bruce Hoekstra, 210 Lee Jeanette McCandless, 310 Suffolk Greg Normand, 315 Suffolk, Debbie Napoli, 300 Pershing • • Hugh Sterns, 316 Suffolk, stepped before the Board. Mr. Sterns was not speaking in opposition to this variance, but to others coming in and building on the entire lot. He questioned what president is the Board setting. Mr. Benn asked Mr. Barrington about him continuing to construct the home when he knew there was a problem. Mr. Barrington stated that he has already put in $350,000 in work and figured another $30,000 would not make that big of a difference. Patricia McDermott, 701 Dexter, stepped before the Board and was sworn in by Chairman Goss. Ms. McDermott voiced concern how the city could have over looked something like this. Chairman Goss closed the public hearing. Mr. Benn made the motion to authorize the variance of 20-feet to the front setback variance from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: that the setback information was not described in the deed, slab survey or building permit issued by the city; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: that the location of the house has been established; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Sheffy seconded the motion, which passed (5-0). Mr. Sheffy made the motion to authorize the variance of 3-inches to the side setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: due to the smallness of the variance; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: small variance and minor correction to the house; and such that the spirit of this Ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion, which passed (4-1). Mr. Benn voting against granting the variance. AGENDA ITEM NO. S: Discussion of Administrative Adjustments approved by City Staff. None to report. ZBA Minutes September 6, 2005 Page 4 of S 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. There were no future items discussed. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant • • ZBA Minutes September 6„ 2005 Page S of S STAFF REPORT • Project Manager: Crissy Hartl Email: chartlCa~cstx.gov APPLICANT: Casey Moore REQUEST: Setback variance LOCATION: 107 Lee Avenue Report Date: October 25, 2005 Meeting Date: November 1, 2005 PURPOSE: To allow for the construction for a new home. GENERAL INFORMATION Status of Applicant: Property owner Applicable Ordinance Section: UDO Section 5.2 Residential Dimensional Standards PHYSICAL CHARACTERISTICS • Zoning and Land Use: Subject Property: The subject property as well as the properties to the east, south and west is zoned R-1 Single Family Residential and used for Single Family Residential. The property to the north is zoned for R-1 Single Family Residential and is being used for Oakwood Intermediate School. Frontage: 100.00' on Lee Avenue Access: Site plan identifies access via Timber Street. Topography & Relatively flat with several trees. Vegetation: Flood Plain: Not within a floodplain. VARIANCE INFORMATION Background: The applicant has removed an existing structure in order to build a new single family home. Because of the contextual front setbacks in this area, the new home can be no closer than 38' to the property line, • thus the applicant is requesting a 5' variance to the rear setback. O:\group\deve_ser\stfrpt\zngstfrpt\honda.doc ANALYSIS Special Conditions: The uniqueness of the contextual setbacks for this • area provides a buildable area for this lot of 8,049.5 square feet. Hardships: The applicant states: "In order to comply with the current ordinances in place, the buildable area of the lot is reduced in comparison to neighboring properties." Alternatives: The applicant has mentioned a 5' variance to the contextual setback. The Board may grant lesser variances or divide the variance between the front and the rear setback. Staff Recommendation: Staff recommends denial for this variance request. The City of College Station's zoning ordinance has traditionally required at least a 25' rear setback for Single-Family Residential districts. With the adoptign of the Unified Development Ordinance in 2003, the rear setback for R-1 Single Family Residential was reduced to 20'. As a result, buildable area of these lots has increased over time. • Additionally, staff applied specific criteria to determine whether this property meets the circumstances for a variance. In the opinion of staff, the subject property is not affected by extraordinary conditions that deprive the applicant of the reasonable use of his property, nor is the variance necessary for the preservation and enjoyment of a substantial property right of the applicant. SPECIAL INFORMATION Ordinance Intent: Building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. The Board must determine if the intent of the ordinance is met by the request and should ensure that the request is reasonable. Number of Property Owners Notified: 15 Responses Received: None as of date of staff report. • O:\group\deve_serlstfrpt\zngstfrpt\honda. doc ATTACHMENTS 1. Location Map • 2. Application 3. Site Plan • • O:\group\deve_ser\stfrpt\zngstfrpt\honda.doc ~~ N ~ ~/~ ~ ~ M Q ~ r ~ ~ N m r- • ~^ _ L ~ ~ G~ N ~ M ~~ ~ ~ N h ~ J ~ N ti°o ~ ~ N ~'' ~P G, ti rypti ~ ^~ ^Y ~~ N N ~,~ ry^ti o pG ~p~ N ,ycp ~ 3 ~N ti ,y^° ~ ~ ~ o ~ ~ O U pG,` ~~ ti~ ~, .- ~ ryo~ ti ~, ~, c m ~ ~ ~ N ~ ~.ti1 ti8 N ~ ~ ~ M ~ ^tih r N ,~ U t~~ ~ ~ ti° ~ti~ ti6 ~ ~ ~~ ~ ~ ti 0 ~i , ~ ,~~" tia ~ ~ ~~ Q ~l~ ~ ~ ^^o ~ M ~ ti r`'` ~~ r r ,Lp1 ryy0 ,`a ~ ~ ~ ~ ~~ CON '~ 8ryo~ M ~ ~o ^tio ~ ~N ^ ~~ ti Q M ~o ^ I` ~ ~ ^ry ~ • N o~ ^~ ~ ~ C~ 9 o W o ~ ~,~ ^ '`ry ?Ot J o^ '` ~. 6 ~^a ~ _ L~ ~ .. ,~o ^~1 ~ r ,~ X00 ~ CO M ~ ,~oti ^ Q G M Q ~~ N W Q ~ W ~ ~ Z ~~ W ~ `~ s~ ~ ~O,N e~ W M ~ W '~s s, ~~ Z~ ~ ~ . ~ -~ CITY OF COL1.l:(iE S'I iCI'10;~ I'lrrnrirry v Der•e%pnrrur Sirr•in~ FOR OFFICE USEhONLY CASE NO.:~~t~~ I ~ ~./ ''' DATE SUBMITTED: -/' ~' UJ ZONING BOARD OF ADJUSTMENT APPLICATION / MINIMUM SUBMITTAL REQUIREMENTS: ____[ Filing Fee of $150.00. ~/ Application completed in full. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials required. Date of Preapplication Conference: N (~ APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Street Address ~~ 1 \ 5 7 ~ 1 ~ 1oa ~-3-o y~ St - City ~ ~~ State ~_ Zip Code `1 ~ ~2~ E-Mail Address ~~ ~~ k MG. (1 P'k Phone Number q -1 a - ~ ~ Z - 305 2 Fax Number q ~ q - ~ ~ ~ - 05 PROPERTY OWNER'S INFORMATION: Name ~' • ` Street Addr ss ~ 5 \ ~y N\~~Q..r-~O rl ,~~ . City ~O U C`~ (1 State ~ Zip Code O E-Mail Address e G Phone Number q~lq ' '1 Z _~~Z Fax Number ~ -1 - ~ `I 5- (5rj ~ LOCATION OF PROPERTY: Address Lot Lq~~ ~('PJ'rl 3 Subdivision Oo~1cw ~Od Description if there is no Lot, Block and Subdivision Action Requested: (Circle One)Setback Varianc~ 1(1~+ Appeal of Zoning Official's Interpretation Parking Variance Special Exception Sign Variance Other Current Zoning of Subject Property: t` Applicable Ordinance Section: ~ ~ Z • 6/13/03 Page 1 of 6 ~_ _~ ~., ~ GENERAL VARIANCE R~QU~ST • This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owners personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. .1 l~he nnecessary ar ship (s~ mvo ved ~mee ing a provisio s o tie' ~~~~~ hardship is/are:. ~~~~"~~. O • - '~ , The following alternatives~fo the requested variance are possible: ~2.~ ~~ t~.c.~>`c1~. ~ ~J,.n-- Vun~c~wc.~ The applicant has prepared this application and ertifies that the facts stated herein and exhibits attached hereto are e, orrect and complete. Owr« ______ 9~z~o,5 Signature nd Title Date This variance will not be contrary to the public interest by virtue of the following facts: • 6/13/03 Page 2 of 6 The following specific variation from the ordinance is requested: . Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. C • • SCALE: ' 1 •=30' ' T/A F' STREET~R.O.W. VAR/ES (v/' WIDE ASPHALT PAVEMENT) CURB BREAK-1 ~- CURB BREAK CUY Tj~_ ~ pqy~ OVERHEAD WIRE ~ "I 'C rELECTRIC UNE /8' IRON RDD FO~p J I SI - - R00 FOUNOJ N IS'S4'4f! W~0.3t' y~ BUILDING SETBACK UNE ---F- I 1 1 II I I = ~ I Y I r~ g CWUN UNK m FENCE PDST ~[) I 2.7 N.W. ~ (y~ I ~ S( ~ I I m 1 ~ 1 CHAIN-UNK TOI G FENCE LOT 5 40' OF SOT 6 oI W BLOCK 3 BLOCK 3 FCEHNCE UPOST L1. 1 2.o N.W. ~ O I I I LOT 4 O~ OI I ~~ I I BLOCK 3 T7 ~_ 2 o ~- 0 I O~ I 38' BULDING I ~, I SETBACK UNE DETERMINED BY NEIGH NG UNITS Z O I' IRON 1 /2' IRON ROD FOUND ROD StT ~-UNt 40.00' - _ _ ~ e• ~ e. n ~ N45'00'00"WN100.00' BACK OF CURB GAS METER BACK OF CURB flRE HYDRANT LEE AVDVUE~50' R.O.W. (?7' iW10E ASPHALT PAVEMENT) NOTES: 1. BEARINGS ARE BASED ON PLAT CALL BEARMCS ACCORDING TO THE PLAT OF OAKWOOD ADDITION RECORDED M VOL. 82, PG. 520 OF THE DEED RECORDS OF BRAZOS COUNTY. TEAS. 2. THE SUBJECT TRACT ODES NOT UE WITHM THE 100 YEAR FLOODPWN ACCORDMC TO THE F.E.MA FLOOD INSURANCE RATE MAP FOR BRAZOS COUNTY. TEKAS AND INCORPORATED AREAS. COMMUNITY N0. 4e0083, PANEL N0. 01440, MAP NO. 49041 001440. EFFECTIVE DATE: JULY 2, 1992 3. THIS SURVEY WAS CONDUCTED WffH THE BENEFR OF A COMMfIMENT FOR TRLE INSURANCE ISSUED BY UNNERSITY TITLE COMPANY, CF /00050204, EFFECTNE DATE: JANUARY 2, 2005, TO WIT THE FOLLOWING COMMENTS: This is to certify that I have, this date, mode a careful and accurate survey on the ground of property located at 107 Lee Avenue, in the City of College Station, Texas, described as follows: southeast 10 feet of Lot Four (4); all of Lot Five (5); and northwest 40 feet of lot Six (6), Block Three (3), Oakwood Addition, City of College Station, according to the plat thereof recorded in Volume 82, Page 520, of the Deed Records of Brazos County, Texas. The plat hereon is D true, correct, and accurate representation of the property as determined by survey, the lines and dimensions of sold property being as indicated by the plat. The size, location, and type of buildings and improvements being within the boundaries of the property, ~(E..OF T~ and set bock from property lines the distances indicated. The distance from the nearest ,<P.;~p15TfR~;"~y intersecting street or road is as shown on said plat. There are no encroachments, conflicts, Tij:'~ ~ o .LJI or protrusions, except Ds noted: ...... ...~ ... DATE: September t2, 2005 „...S.M. KLING . REVISED: Setbacks, September 15, 2005 <~~a 2003 ~~:0~. '9 °esst°•'-l REGISTERED PROFES IGNAL•LAND SURVEY N0. 2003 ~ SUR`I~ STATE OF TEXAS N0T6 (Cont.): BACK OF CURB CORNER S.E. I I ~ LOT 6 ~ BLOCK 3 g 'x4' WOODEN FENCE POST ~ IM ~I 0.6' S.E. 1 Z 1 ~ I o O °o g .N J I I I C ~/+• IRON R00 fOUND b.) ALL APPLICABLE BUILDING LINES AND EASEMENTS AS SET OUT IN RESTRICTIONS RECORDED M VOL 92, PG. 5T0, VOL 96, PC. 353 AND VOL 131, PG. 77 OF THE DEID RECORDS OF BRA205 COUNTY. TEKAS, NOT SNDWN HEREON. 3a' BUILDING LME AS ESTABUSMED BY THE NEAREST NEICFIBORING UNITS, PER 'COLLEGE STATION UDO' ARTK:LE 7 SECTKxi 7.i.D.l.a. KLM1G ENGINEERING k SURVEYING BRYAN. TEAS