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Home My WebLink About12/02/2003 - Regular Minutes - Zoning Board of Adjustments460, L� MINUTES Zoning Board of Adjustment December 2, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Ward Wells, Graham Sheffy & John Fedora. MEMBERS ABSENT: Rodger Lewis. Alternate Jay Goss (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner Jennifer Prochazka, City Planner Jane Kee, Planning Intern Lauren Harrell, 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: Consideration, discussion and possible action of absence requests Rodger Lewis. Mr. Sheffy made the motion to approve the absence request. Mr. Wells seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from September 2, 2003. Mr. Wells made the motion to approve the minutes. Mr. Richards seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 4: Consideration, discussion and possible action to approve meeting minutes from November 18, 2003. Mr. Sheffy made the motion to approve the minutes. Mr. Richards seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 5: Public hearing, presentation, discussion and possible action on a variance at 4433 Rocky Meadow, lot 46, block 1, Woodland Hills. Applicant is Angel Cacho - Negrete. (03 -289). Staff Planner Jennifer Prochazka presented the staff report and told the Board that the applicant is requesting the variance to legitimize a setback error made during construction. This case involves an error made by the builder in establishing the 7.5 -foot side setback. The result is an encroachment that reaches 5.07 -feet from the property line to the closest part of the home; thus the applicant is requesting a side setback variance of 2.43 -feet. As a special condition, the applicant states: "An error occurred when the front left stake of the property line was established" ZBA Minutes December 2, 2003 Page I of 5 As a hardship the applicant states: "The house is currently sold and we cannot get clear title because of this mistake" 40 The applicant has stated that the variance will not be contrary to the public interest by virtue of the following facts, "the house will be closer to the left property line and is not going to affect anybody." Chairman Hill opened the public hearing for anyone wanting to speak in favor of the request. Angel Cacho - Negrete, the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. Cacho - Negrete spoke in favor of the variance. He stated that the encroachment is a construction error. Mr. Richards stated that he had visited with the builder who owns the lots on both sides of this lot and he had no objections to the variance. Chairman Hill stated since the house has to be surveyed before it is sold, why not get a surveyor to set the string lines to make sure the location is correct. Mr. Cacho - Negrete replied that the house did not fit tight on the lot and therefore he thought everything was all right. With no one else stepping forward to speak in favor or against the request, Chairman Hill closed the public hearing. Mr. Wells stated that he did not have a problem since contact was made with the adjacent landholders and there is plenty of room for fire safety. Mr. Wells added that this is the second case he has heard #�o since being appointed to the Board that deals with cul -de -sac lots. Mr. Wells ended by saying that some special accommodation needed to be made for cul -de -sac lots. Chairman Hill stated that the builder is responsible for being aware of where the property lines and setbacks are and he has the ultimate responsibility of making sure any structure being built is within the building lines. Chairman Hill ended by saying that they have dealt with this issue many times and he is not willing to grant variances which merely validate carelessness on the part of the builder. It has gotten out of hand and the builders need to do whatever it takes to make sure their structures are in compliance. Mr. Fedora asked what would the cost be for a surveyor to come survey the lot before the slab is poured. David Godwin, homebuilder, stepped before the Board and was sworn in by Chairman Hill. Mr. Godwin stated that he could understand how the error was made. Mr. Godwin stated that a surveyor would cost anywhere from $250 to $400. Mr. Fedora asked if anything has been discussed concerning placing fines in order to get the attention of the builder. Chairman Hill stated that there have been discussions with the Building Official and steps have been taken to increase the awareness to the builder. ZBA Minutes December 2, 2003 Page 2 of 5 Mr. Richards made the motion to authorize a variance to the minimum side setback of 2.43 feet from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: a human error was made when the front left stake of the property line was established and this will not adversely effect the adjoining properties; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: that a clear title will only be available if the variance is approved; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Well seconded the motion. Chairman Hill stated that as long as the Board continues to give variances fairly easy then the Board would continue to see them. The only way to get the message out is to stop validating the errors. Chairman Hill called for the vote. The Board voted (4 -1). The motion passed Chairman Hill voting against granting the variance. AGENDA ITEM NO. 6: Public hearing, presentation, discussion and possible action on a variance at 1503 Fairhaven Cove, lot 12 -11, block 1, Nantucket Subdivision. Applicant is David Godwin. (03 -293). Planning Intern Lauren Harrell presented the staff report. Ms. Harrell stated that the applicant is requesting the variance to the A -O setback requirements. The subject property is located at 1503 Fairhaven Cove. Due to its recent annexation, the property currently has an interim zoning of A -O, Agricultural -Open. This property was purchased prior to the annexation of this area with the understanding that the deed restrictions allowed for a 10 -foot rear setback. Due to the recent annexation, the property must now meet the city's setback requirements for A -O properties. However, as a condition, the city has agreed to initiate rezoning of the area to R -1, single family. This rezoning to R -1 is currently in progress. The applicant is proposing to construct a residence to conform to R -1 requirements, except for a 6.75 - foot encroachment in the rear. Because of its current A -O zoning, this will require a variance to the A -O setback requirements. Ms. Harrell showed the Board a comparison of A -O setback requirements and the requested setbacks. Upon rezoning to R -1, the property will conform to the R -1 requirements, except in the rear. As a special condition, the applicant states: "this variance request is due to the unusual configuration of the property lines and radius points along Fairhaven Cove, as well as the location of three specimen trees (60'live oak, 40' hickory & 55' elm). For a hardship the applicant again sites the unusual configuration of the lot and the location of three trees in the front yard. As an alternative the applicant suggests that the 20 -foot rear setback could be met by removing the three trees in the front yard and decreasing the size of the proposed residence. Mr. Wells mentioned for record that he is a residence of Nantucket and he serves on the Board of Directors and the Architectural Control Committee. ZBA Minutes December 2, 2003 Page 3 of 5 Chairman Hill opened the public hearing for those wanting to speak in favor of the request. David Godwin, the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. Godwin handed the Board a letter signed by the surrounding property owners stating they had no objections to the variance. With no one else stepping forward to speak in favor or against of the variance request, Chairman Hill closed the public hearing. Mr. Wells made the motion to authorize a variance to the property at lot 12 -R Block 1, Leisure Island Retirement Community to meet the current R -1 setbacks with the exception of the rear setback to change from A -O setback of 50 -feet to a rear setback of 10 -feet and variance of 40 -feet from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the intent of the city to rezone this to R -1 with a reasonable period of time; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: extremely limited ability to develop a reasonable size home on said property according to the original deed restrictions and the removal of several specimen trees; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Shefff seconded the motion. Chairman Hill made the motion to amend the motion to add: subject to the following limitations: front setback minimum of 25 -feet, side setback minimum of 7.5 -feet and rear setback minimum of 10- feet. k Mr. Fedora seconded the motion to amend, the Board voted (5 -0) to approve the amendment. Chairman Hill called for the vote. The Board voted (5 -0). The motion passed. AGENDA ITEM NO 7: Discussion of Administrative Adjustments approved by staff. There have been no adjustments made. AGENDA ITEM NO. 8: Consideration, discussion and possible action on future agenda items. Mr. Richards asked that more information be provided when Administrative Adjustments were given. He asked that they be told the reason why the adjustment was requested AGENDA ITEM NO. 9: Adjourn. The meeting was adjourned. ZBA Minutes December 2, 2003 4 Page 4 of 5 APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant ZBA Minutes December 2, 2003 Page S of S