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HomeMy WebLinkAbout05/03/2011 - Regular Minutes - Zoning Board of Adjustments'At % 40010 CITY OF COIJ.I?GE STATION Home of Texas AeaM University MINUTES ZONING BOARD OF ADJUSTMENT Workshop Meeting May 3, 2011 2 °d Floor Conference Room #1 1101 Texas Avenue 5:30 P.M. MEMBERS PRESENT: Chairman Rodney Hill, Dick Dabney, Melissa Cunningham, Hunter Goodwin. MEMBERS ABSENT: Josh Benn. STAFF PRESENT: Staff Assistant Deborah Grace - Rosier, Staff Planner Matthew Hilgemeier, Planning Technician Jenifer Paz, Assistant Director Lance Simms, Assistant City Attorney Adam Falco. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order at 5:35 PM. AGENDA ITEM NO. 2: Discussion of Regular Agenda items. There was no discussion. AGENDA ITEM NO. 3: Presentation, possible action, and discussion regarding policy of using motion forms. Mr. Simms discussed the Board's Policy regarding the use of motion forms. There were general discussions amongst the Board and Staff. The Board concluded that the forms were beneficial in helping them state their motion, as well as their obligations to identify special conditions and hardships. It was suggested that maybe the forms could be reviewed and revised to make them more user friendly. AGENDA ITEM NO. 4: 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. 5: Adjourn. The meeting was adjourned at 5:50 PM. APP VE Rodne ill, hairman ATTEST: Deborah Gra - osier, Staff Assistant 4 f 4 0 r%q% CITY OF COIJ.IJGF STATION Home of Texas AeTM University' MINUTES MEMBERS PRESENT: STAFF PRESENT: AGENDA ITEM NO. 1: ZONING BOARD OF ADJUSTMENT Regular Meeting May 3, 2011 2 " d Floor Conference Room #1 1101 Texas Avenue 6:00 P.M. Chairman Rodney Hill, Josh Benn (Arrived late), Dick Dabney, Melissa Cunningham, Hunter Goodwin. Staff Assistant Deborah Grace - Rosier, Staff Planner Matthew Hilgemeier, Planning Technician Jenifer Paz , Assistant Director Lance Simms, Assistant City Attorney Adam Falco. Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order at 6:00 PM. AGENDA ITEM NO. 2: Discussion of requested Administrative Adjustments. • 2481 Horse Shoe Drive — 9.3% reduction (8.4 inches) to the 7.5 -foot side setback. • 2497 Horse Shoe Drive —10% reduction (2 feet) to the 20 -foot rear setback requirements. The Board had no discussions or questions for staff. AGENDA ITEM NO. 3: minutes. Consideration, discussion and possible action to approve meeting • March 1, 2011 meeting minutes Ms. Cunningham motioned to approve the minutes. Mr. Goodwin seconded the motion, which passed unopposed (4 -0). AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion on a variance request to Section 5.2 Residential Dimensional Standards of the Unified Development Ordinance, regarding the side street setback requirement for 4201 Cedar Creek Court, Lot 1, Block 2, of the Creek Meadows Subdivision, Section 4, Phase 1. Case# 11- 00500057 (MKH) Staff Planner Matthew Hilgemeier presented the staff report and stated that the applicant is requesting a variance of one foot, eight inches (1' -8 ") to the side street setback to correct an error made by the builder when establishing the setback for the property. There is currently a single -story home occupying the lot with a portion of the structure encroaching into the 15 -foot side street setback, as well as a 15 -foot Public Utility Easement which runs along Lowery Meadow Lane. Mr. Hilgemeier ended by saying that regardless of the outcome of the Board's decision, the applicant still needs to address the encroachment into the easement before they could receive a certificate of occupancy. Chairman Hill opened the public hearing. Sworn in and speaking in favor of the variance request were: Fred Baylis, 7610 River Ridge, College Station, Texas, stated that the Home Owners Association as well as neighboring property owners are in favor of granting the variance. Board Member Josh Benn arrived to the meeting at approximately 6:12 pm. Dennis Johnson, 213 N. Central, Troy, Texas, stated that the curve of the property adjacent to the side street threw them off and they are currently working on getting the public utility easement issue resolved. Raylene Lewis, 9300 Lake Forest Court, College Station, Texas, stated that there are no potential safety issues with the house due to the encroachment. There were discussions concerning what home builders could proactively do to keep this type of error from happening again. Mr. Simms stated that the builder could get a form survey before placing the concrete. He ended by saying, requiring the builder to get the form survey would add cost to the builder. However, it certainly would guarantee that the form is correct before the concrete is poured. Chairman Hill closed the public hearing. Mr. Benn motioned to grant the side street setback due to the special condition of: the curve in property line in relation to the other homes; the hardship being unreasonable use of the property; and a limitation of a one foot, eight inch (1'- 8 ") variance. Ms. Cunningham seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 5: 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. 6 : Adjourn. The meeting was adjourned at 7:25 PM. ATTEST: Deborah Gr e- Rosier, Staff Assistant APPRO ED Rodney 4fl4rthairman CITY OF COLLEGE STATION Planning c 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 eight (Article 5) inimum 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) Other from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: 5hi— - f- -� ko �, S 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 Seconded by Voting R _ Chair Lna � v X( Date C� J 0 2.n