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HomeMy WebLinkAbout04/06/2010 - Regular Minutes - Zoning Board of AdjustmentsCl'ry o C4Jl..1.,1s(il:.. STt1I ION .i-drmie rf Texas A&M 1Jhh,-ersijy* MINUTES Zoning Board of Adjustment April 6, 2010 CITY OF COLLEGE STATION, TEXAS City Hall Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, Josh Benn, Rodney Hill, John Richards, Dick Dabney. MEMBERS ABSENT: None. STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Matthew Hilgemier, Assistant Director of Planning and Development Services Lance Simms, First Assistant City Attorney Mary Ann Powell, and Action Center Representative Carrie McHugh. AGENDA ITEM NO. 1: Call to order - Explanation of functions of the Board. Chairman Jay Goss called the meeting to order at 6:00 PM. AGENDA ITEM NO. 2: Consideration, discussion and possible action of Absence Requests from meetings. There were no requests to consider. AGENDA ITEM NO. 3: Discussion of requested Administrative Adjustments. • 5006 Trumpeter Swan - 10% reduction (5 feet) to the front and rear setbacks. Case # 10- 00500032 Staff Planner Matthew Hilgemier gave the Board a brief explanation of the requested adjustment. AGENDA ITEM NO. 4: Consideration, discussion and possible action to approve meeting minutes. • February 2, 2010, meeting minutes. Mr. Dabney motioned to approve the February 2, 2010 minutes. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a request for a variance to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards, regarding the minimum rear setback requirement for 704 Canterbury Drive, Lot 3, Block 11 of the Brandon Heights Subdivision. Case # 10-00500025 Staff Planner Matthew Hilgemier presented the staff report and stated that the applicant is proposing to construct a 400 square foot outdoor kitchen and wishes to place the structure in the open area adjacent to the pool. The configuration proposed by the applicant placed the structure 10 feet from the rear property line. Therefore, the applicant is requesting a variance of 10 feet to the 20-foot rear setback requirements. Staff recommended denial of the applicant's request for a 10-foot reduction to the 20-foot rear setback requirement. It was staff s opinion that the special condition provided by the applicant is the result of their own actions and not the result of a unique physical condition of the property that creates a hardship that deprives the applicant the reasonable use of their property. There was general discussion regarding the proposed variance. Chairman Goss opened the public hearing for those wanting to speak concerning the variance request. Jeff McDougall, 704 Canterbury, College Station, Texas stepped before the Board and was sworn in by Chairman Goss. Mr. McDougall handed the Board letters from surrounding neighbors who were in support of the variance. Mr. McDougall continued by explaining that the hardship was the backyard drainage, and that was the reason for the desire to place the structure within the rear setback. There was general discussion regarding the drainage. Chairman Goss closed the public hearing. Mr. Hill motioned to approve the variance due to the special condition caused by the drainage situation. Mr. Benn seconded the motion for reason of discussion. Mr. Dabney stated that he is concerned that there is no hardship. Mr. Benn stated that variances run with the property and if the homeowner ever moved, something else could potentially be built in the place of the outdoor kitchen. Mr. Richards stated that there is no special condition or hardship for the Board to consider. Mr. Richards ended by saying it is a self-inflicted hardship. Chairman Goss called for the vote to approve. The vote was 2-2-1. Mr. Richards and Mr. Dabney voted in opposition. Chairman Goss abstained. The motion failed. Mr. Dabney motioned for denial of the variance. Mr. Richards seconded the motion, which was approved 3-2. Mr. Hill and Mr. Benn voted in opposition. The motion was approved. AGENDA ITEM NO.6: Public hearing, presentation, possible action, and discussion on a request for variances to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards, regarding the minimum lot width and side street setback requirements for 609 Lincoln Avenue, located in the Lloyd D. Smith Subdivision. Case # 10-00500024 Staff Planner Matthew Hilgemier presented the staff report and stated that the applicant is requesting variances in order to replat the existing two lots oriented along Lincoln Avenue into three lots oriented along Churchill Street. If the applicant is allowed to replat the property as proposed, the City will require an 11-foot right-of-way dedication along Lincoln. Due to the right-of-way dedication, the applicant is not able to create lots that meet the 50-foot minimum lot width requirement for properties zoned R-1 Single-Family Residential. Therefore, the applicant is requesting the following variances to the 50-foot minimum lot width: four feet for proposed Lot 21 R four feet for proposed Lot 22 R three feet for proposed Lot 23 R Additionally, the applicant is requesting a variance of six and one half feet to the 15-foot side street setback for proposed lot 23 R. Staff recommended denial of the variance requests because the applicant has not shown that a special condition exists with the property that creates a hardship depriving the applicant of substantial property right. It was staffs opinion that the hardship provided by the applicant is not a result of a unique physical condition of the property, but is instead a self imposed hardship caused by the request to replat. Staff stated that the applicant could leave the lots as they are currently platted or reconfigure the proposed replat from three lots to two lots which would not require any lot width variances or setback variances. Mr. Hilgemier ended by telling the Board that if these requested variances were approved, the applicant would still have to ask for minimum lot size variances and average lot width variances from the Planning and Zoning Commission before the replat could be approved. There were general discussions concerning the variances and surrounding properties' lot sizes. Chairman Goss opened the public hearing for those wanting to speak concerning the variance requests. Frank Hefrin, 11580 Gold Nugget, College Station, Texas stepped before the Board and was sworn in by Chairman Goss. Mr. Hefrin handed the Board members information for lot widths and calculations for surrounding properties. Mr. Hefrin ended by saying that he could rezone the property and build apartments and townhomes on this property which he felt would not be agreeable with the local residents. Mr. Hefrin stated that he is only interested in building single-family homes with four bedrooms. Mr. Dabney stated no variances would be needed from the ZBA if the replat was for only two lots. There were general discussions concerning the lot sizes, the 1 I-foot land dedication for right-of-way and the Comprehensive Plan designation for this area as Urban. Tom Pinones, 341 Greenleaf, Bryan, Texas stepped before the Board and was sworn in by Chairman Goss. Mr. Pinones stated that he was prepared to go the Planning & Zoning Commission and felt that the consideration was not there from staff. The following residents stepped before the Board and were sworn in by Chairman Goss: Kam Owens, 612 Pearce, College Station, Texas. Ms. Owens stated that there is not enough parking when homes are rented to students. Ms. Owens ended by saying that there is too much traffic and speeding, and it is not a good situation when there are children in the neighborhood. Marcia Smith, 803 Pasler, College Station, Texas. Ms. Smith stated that the homes next to her are single-family homes with four bedrooms and that they are rented to students. Ms. Smith ended by saying that there is never enough parking on the street. Lucille Young, 720 Churchill, College Station, Texas. Ms. Young told the Board that she turned into staff a petition from area residents that were in opposition to the variance requests. Ms. Young reiterated the problems with students in the neighborhood. Mr. Richards asked that the petition submitted by the neighborhood residents become part of record. Chairman Goss closed the public hearing. Mr. Dabney motioned to deny the variance requests due to the lack of any special conditions. Mr. Hill seconded the motion. Mr. Benn and Chairman Goss urged the residents of the neighborhood to engage in discussions concerning that area with city staff. They ended by telling the residents to have their voices heard concerning the long term plan as set out in the Comprehensive Plan. Chairman Goss called for the vote to deny. The vote was (5-0). The item was denied. AGENDA ITEM NO. 7: 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 addressed. AGENDA ITEM NO. 8: Adjourn. The meeting was adjourned at 7:10 PM. APPROVE Jay Go ,Chairman ST: n eborah Grace-R , Staff Assistant CITY OF COLLEGE STATION Planning cr 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) Height (Article 5) Minimum Setback (Article 5) Residential & Non-Residential Dimensional Standards (Article 5, Sections 5.2 & 5.4) Parking Requirements (Article 7) Design District Dimensional Standards (FAR) Floor to Area Ratio (Article 5.7) from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special. conditions: r r and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: Motion made by I Seconded by Voting Results Chair Signature j Date/; i (*tl"" CITY OF COLLEGE STATION Planning &Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE FROM SECTION 5,2 of the Unified Development Ordinance. I move to not authorize a variance to the Yard (Article 5) Lot Width (Article 5) Lot Depth (Article 5) Height (Article 5) C. Minimum Setback (Article 5) Residential & Non-Residential Dimensional Standards (Article 5, Sections 5.2 & 5.4) Parking Requirements (Article 7) Design District Dimensional Standards (FAR) Floor to Area Ratio (Article 5.7) from the terms of the Ordinance as it will 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. Motion made by Seconded by s ~~2r_LA_Y~s Voting Results Chair Signature r Date I CITY OF COLLEGE STATION Planning d• Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE FROM SECTION 5.2 of the Unified Development Ordinance. I move to not authorize a variance to the Yard (Article 5) _ Lot Width (Article 5) Lot Depth (Article 5) Height (Article 5) Minimum Setback (Article 5) Residential & Non-Residential Dimensional Standards (Article 5, Sections 5.2 & 5.4) Parking Requirements (Article 7) Design District Dimensional Standards (FAR) Floor to Area Ratio (Article 5.7) from the terms of the Ordinance as it will 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. Motion made by Seconded by Voting Results Chair Signature 9/_-7-L,-~bate v _ l: $1 Petition of Opposition to: The City of College Station granting ZBA VARIANCE request for the following property: Applicant: Project Numer: Subject Property: Variance requested: April 2010 TOM PINONES 10-00500024 609 Lincoln Ave. Lot Depth & Side Street Set Back College Station Resident's Signature Address r t if bid- CS. -7.1 S40 TlSgb } S s lk 77 ~59LJ /,:_9 Petition of Opposition to: The City of College Station granting ZBA VARIANCE request for the following property: Applicant: Project Numer: Subject Property: Variance requested: April 2010 TOM PINONES 10-00500024 609 Lincoln Ave. Lot Depth & Side Street Set Back College Station Resident's Signature avr° C ~S f 41~ Address Go I -41KS-rvk) Sfi CS Tx l`1~~ P A--\ 4 . -S h j'y 0 C S 7Zdk 6/S- Ll ooc\L4 ' 0_S X 4 K L) o T9 PUEA&m Jf g~ ~O AVa -up-g r 110 ~Q kmk C.I~I I UPS i I1U~►1>< 1184 62 !Z 24 t ~ /-PC AA ve /'a rs C~ li u Petition of Opposition to: The City of College Station granting ZBA VARIANCE request for the following property: Applicant: Project Numer: Subject Property: Variance requested: April 2010 TOM PINONES 10-00500024 609 Lincoln Ave. Lot Depth & Side Street Set Back College Station Resident's Signature a -LaLffa 4~ Address WI-3, a 't , 778 C/-; X78 C!;,iTX _779-L Y s., J d za:~ ~q~lev- 0S be 7V d %v In lr ZONING BOARD OFADfUSTMENT GUEST REGISTER MEETING DATE April 6, 2010 NAME ADDRESS 1. t ~ f ~ zee . 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