HomeMy WebLinkAbout03/04/2003 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
Zoning Board of Adjustment
February 4, 2003
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Leslie Hill, Dick Birdwell, Rodger Lewis & Alternate Jay
Goss.
MEMBERS ABSENT: Graham Sheffy, John Richards and Alternates, Denise Whisenant &
Randal Allison (not needed).
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Jennifer Reeves, Jennifer
Flanery & Molly Hitchcock, City Attorney Carla Robinson, Action
Center Representative Regina Kelly.
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Chairman Hill called the meeting to order with only 4 Board Members present and explained the
functions of the Board.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests.
Mr. Birdwell made the motion to approve Mr. Richards absent request. Mr. Goss seconded the
motion, which passed (4 -0). The Board did not vote on Mr. Sheffy's absence. No request was
turned in.
AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting
minutes from January 7, 2003.
Mr. Birdwell made a correction to agenda item # 5. The minutes reflected the motion failed. The item
only required a majority vote. The motion passed. The minutes of the Board will be shortened.
Chairman Hill asked to include in the minutes on the 308 Agate case the reason for each Board
Member's vote.
AGENDA ITEM NO. 4: Consideration, discussion and possible action to rehear a rear
setback variance at 308 Agate, lot 2, block 5, Stone Forest Subdivision. Applicant is John
McEuen. If the Board votes to rehear the case, the case would be reheard at the Board's regular
meeting March 4, 2003.
Chairman Hill told the applicants in the audience that one Board Member is absent. Chairman Hill
stated that he will gave each applicant the opportunity to withdraw their case until the next meeting
when a full Board would hear their case or have it heard knowing that in order to have their request
pass they would need all 4 members voting in favor.
4 W Mr. McEuen stated that he did want to continue with his case in the absence of a Board Member.
ZBA Minutes February 4, 2003 Page 1 of 10
Mr. Gentry stepped before the Board and told them he is representing Mr. McEuen. Mr. Gentry
presented pictures to the Board showing the fence that was discussed at the last meeting has now been
constructed. It is approximately 227 -feet long, 8 -feet high and it covers not only the lot where the
house is located but also both lots on each side of the house. In response to the construction of the
fence, the neighbors in the cul -de -sac immediately behind 308 Agate have signed a letter indicating
that they are pleased with the improvements and no longer have any objection. Mr. Gentry ended by
telling the Board that he visited with city staff & they have changed their procedures so that a physical
part of the plan approval for the construction of a new house now includes identifying the required
setback and identifying the provided setback on the site plan. If they do not match that would
immediately been known. Mr. Gentry asked the Board to consider his request for a rehearing.
Mr. Birdwell made the motion to rehear the case. Mr. Lewis seconded the motion.
Mr. Lewis stated that his support for rehearing should not be construed to indicate that he feels there
were problems with the decision. He wants to give people every opportunity to present their case.
Chairman Hill stated that there does appear to be new evidence and he also would be in favor of
rehearing the case.
Mr. Birdwell stated that it is a show of good faith on the part of the applicant to build the 8 -foot fence
not only on his lot but also on the adjoining lots.
Mr. Goss stated that he is troubled when the city grants something and then comes back and says there
is an error. Mr. McEuen's plans were approved and he built the house as approved. Mr. Goss ended
40 by saying that he understands the law and the burden on the city but it still troubles him.
Chairman Hill called for the vote. The Board voted (4 -0) to rehear the case.
AGENDA ITEM NO. S: Consideration, discussion and possible action on a side street setback
variance at 2388 Kendal Green Circle, lot 21, block 2, Castlegate Section 4 Phase I. Applicant is
Charles Thomas.
Mr. Thomas told Chairman Hill that he did want to continue with his case in the absence of a Board
Member.
Staff Planner Flanery presented the staff report and told the Board that the applicant is requesting a
variance to legitimize a mistake made during construction.
This case involves an error made by the builder in establishing the side street 15 -foot setback. The
result is a variable encroachment that reaches 11 -feet from the property line to the closest part of the
home; thus the applicant is requesting a side street setback variance of 4 -feet.
The applicant offers as a special condition: the lot is odd shaped. The string line was pulled straight to
set the forms rather than with the curvature with a radius of 315 -feet.
ZBA Minutes February 4, 2003 Page 2 of 10
As a hardship the applicant states the current owner of the home will certainly bear burden of not being
able to offer title insurance to any future buyer with the encroachment.
No alternatives were given due to the fact that construction of the home is complete.
Ms. Flanery ended her staff report by telling the Board that a letter in support of the variance was given
from the property owner directly behind the home.
Chairman Hill opened the public hearing.
Charles Thomas the homebuilder stepped before the Board and was sworn in by Chairman Hill. Mr.
Thomas told the Board that the string line for the property line on the street side was erroneously
pulled. It was at the time of the survey that the encroachment was found. Mr. Thomas ended by saying
that he does not think it will effect any individual or create any site annoyance.
With no one else stepping forward to speak in favor or opposition of the variance Chairman Hill closed
the public hearing.
Mr. Birdwell 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: large
radius curve makes accurate measurement difficult; and because a strict enforcement of the provisions
of the ordinance would result in unnecessary hardship to the applicant being: an encroachment makes
obtaining title insurance difficult; and such that the spirit of this ordinance shall be observed and
substantial justice done subject to the following limitations: variance limited to existing encroachment.
Mr. Goss seconded the motion.
Mr. Goss stated that he did not agree with all of the motion. He added that he probably would be
opposed to it if there were a house on that side.
Chairman Hill stated that he agreed with Mr. Goss as far as the fact that the issues that this ordinance is
designed to cover do not exits in this case. However, he is opposed to the motion as presented. He did
not feel like the radius of the curve can be used as a reason to grant the variance because there are
streets all over this city that have radius's and mistakes like this occurred and the Board has denied
requests that were made on that basis.
Mr. Goss stated that he was in agreement with that. He added that the shape, the access to the property,
the specific physical characteristics of the property and the street give it a special condition. Mr. Goss
stated that he is struggling with a hardship because any hardship would be financial.
Mr. Birdwell made an amendment to his motion under special conditions to add; large radius curve
and odd shape lot makes accurate measurement difficult. Chairman Hill stated that he still is not
satisfied with the curving property line and odd shaped lot as a special condition. If we legitimize it on
that basis then half the lots in the city would be legitimized.
ZBA Minutes February 4, 2003 Page 3 of 10
Mr. Birdwell stated that nothing the Board does sets precedent. Chairman Hill stated that he agrees but
he is not willing to grant it on that basis. Chairman Hill offered not as an amendment but as comment,
it would not be contrary to the public interest due to the following special conditions, there are no
adjoining properties on the side of the property line, and the access that is provided by the ordinance is
4 0 not threatened.
Chairman Hill made the motion to amend the motion by striking the statement of special conditions
and adding: the existent of a wide side street provides adequate open space. Mr. Birdwell seconded
the motion to accept the amendment. The Board voted (4 -0) to pass the amendment.
Mr. Lewis stated that there is a problem with builders on lots with curved lines. A surveyor needs to
stake out the slabs. Mr. Lewis ended by saying that he does not know how to get the message to the
builders and he does not want to see anymore variance case like this one.
Chairman Hill replied that he agreed and that is why he is not willing to grant this variance on the basis
on the curved property line or odd shaped lot.
Chairman Hill called for the vote. The Board voted (4 -0) to approve the variance.
Mr. Birdwell asked staff in the future to have all the dimensions between the property line and the
structure.
Mr. Goss stated that he agreed with that but the burden needs to be on the applicant to have the
information.
Mr. Birdwell replied that staff needs to tell them to have that information included in their application.
Chairman Hill stated that he felt comfortable with this case but there have been cases that have come
before the Board that they don't have all the numbers in order to properly consider the case.
AGENDA ITEM NO. 6: Consideration, discussion and possible action on a rear setback and
height variance for accessory structures at 1011 12 Man Circle, lot 12, block 1, Pebble Creek
Phase I -A. Applicant is Lockett Landscaping Inc.
Mr. Lockett told Chairman Hill that he did want to continue with his case in the absence of a Board
Member.
Staff Planner Flanery stepped before the Board and presented her staff report. Ms. Flanery told the
Board that the request is to legitimize an encroachment into the rear setback and allow the two
accessory structures to exceed the 8 -foot height limit for accessory structures.
This case involves the construction of two arbors, which are considered accessory structures in the
Zoning Ordinance. The arbor closest to the house is used as a shade structure over a patio area and has
an eave height of 10 -feet. The second is set near the rear of the property approximately 9.5 -feet from
the fence line and has an eave height of 9 -feet.
ZBA Minutes February 4, 2003 Page 4 of 10
The result is an encroachment that reaches 9.5 -feet from the property line to the closest part of the
accessory structure; thus the applicant is requesting a rear setback variance of 5.5 -feet. The applicant is
also requesting an eave height variance of 1 -foot for the arbor located at the rear of the property and an
eave height variance of 2 -feet for the arbor located near the home.
4 0 The Pebble Creek Architectural Review Committee approved the design of these structures and their
placement.
For special conditions the applicant offers that there is no other reasonable location for the arbor due to
the constraints from the pool and that the location is key to the architectural design. Also, the height of
the arbor near the house needed to clear the eaves of the existing house and that the two arbors need to
be in scale with each other. Also, the house is setback further in the front then is required by
ordinance, so it pushes the improvements in the backyard further to the back.
As a hardship the applicant states that the classification of such shade arbors fall into a "gray area" of
the ordinance. Shade arbors are lumped into a classification with storage buildings, but this is an open
post and beam structure with no walls.
The applicant offers the following to the variance requested: to remove the arbor near the rear property
line or to lower the heights of both arbors.
Mr. Birdwell asked for a reading from the ordinance that classifies an arbor as a storage building.
Ms. Flanery read the definition from the Zoning Ordinance.
Mr. Birdwell asked if this Board made a decision that the city's interpretation was incorrect on the
definition of arbors as accessory structures, would they need a variance. Ms. Flanery replied that is
correct but it also falls under the building code. Mr. Birdwell stated that he does not see why the arbors
need a variance, especially the one by the house. Mr. Birdwell stated that there is a code interpretation
problem.
Mr. Birdwell moved to have staff interpretation of the arbors ruled invalid and the arbors be allowed
to exist without a variance.
Mr. Goss replied that he would not be in favor of that particular motion, but he would be inclined to
second the motion if it was limited to the arbor adjacent to the house. Mr. Birdwell agreed. Mr. Goss
seconded the motion.
There were continued discussions.
Chairman Hill called for the vote. The Board voted (3 -1). The motion passed. The arbor at the
rear of the property will be all that the Board will consider.
Chairman Hill opened the public hearing.
ZBA Minutes February 4, 2003 Page 5 of 10
Peter Lockett, the applicant stepped before the Board and was sworn in by Chairman Hill. Mr. Lockett
told the Board that the arbor in the rear of the property is going to have a concrete pad that will be 13 x
13. The column spacing is 10 -foot on center. Mr. Birdwell replied that the building would be 100 sq.
ft. Mr. Lockett replied that there was also approximately a 20 -inch overhang. Mr. Birdwell replied
that overhangs are not counted. Mr. Birdwell added that if the walls were enclosed it would be
considered a 10 x 10 structure and it then would be exempt from a building permit. Mr. Kee stated that
under the building code there are 3 conditions where a structure does not need a permit. If it is less
than 100 -sq. ft., it is not on a slab and does not have utilities. In this case the Building Official looked
at the slab and determined that this was a structure that needed a building permit.
There were continued discussions.
With no one stepping forward to speak in favor or opposition to the variance, Chairman Hill closed the
public hearing.
Mr. Goss made the motion to authorize a variance to the minimum setback for an accessory
structure from the terms of this ordinance as it will not be contrary to the public interest, due to the
following special conditions: categorization of the structure is questionable and the Architectural
Control Committee has approved; and because a strict enforcement of the provisions of the ordinance
would result in unnecessary hardship to this applicant being: there is no additional space to place the
arbor and it is an integral part of the landscaping; and such that the spirit of the ordinance shall be
observed and substantial justice done. Mr. Lewis seconded the motion.
Mr. Birdwell offered an amendment that the Board approve the height variance but deny the rear
setback variance because it would be very easy to move the structure over 4 -feet and there is plenty of
room to do that since the slab has not been poured yet.
Ms. Flanery stated that the applicant has stated that there is no space between the deck around the pool
and the arbor to move the arbor forward.
With no second to the amendment the motion failed.
Chairman Hill stated that if this variance was granted it could become a fully enclosed building at some
point in the future. He added that he is not particularly opposed to the structure that is being built but
has concerns about the open endedness of the variance.
Mr. Lewis added that was his initial concern. It could end up a 9 -foot tall 10 x 10 shed.
Chairman Hill stated that at that point the Pebble Creek Architectural Committee would still have to
approve the structure.
Chairman Hill called for the vote. The Board voted (4 -0). The variance is granted for the rear
structure.
ZBA Minutes February 4, 2003 Page 6 of 10
4 d AGENDA ITEM NO. 7: Consideration, discussion and possible action on a sign setback
variance at 1316 Augustine Court, lot 37, block 14, Southwood Section 25 & 1801 Southwood
Drive, lot 17, block 4 Southwood Section 21. Applicant is Carol Nichols, President Bee Creek
Neighborhood Association.
4 0 Ms. Nichols told Chairman Hill that she did want to continue with this case in the absence of a Board
Member.
Staff Planner Flanery stepped before the Board and presented the staff report. Ms. Flanery told the
Board that the variance is to place neighborhood area identification signs on two existing walls. This
project is part of the City's Gateway Grant Program.
This case involved two existing brick walls that are approximately 3 -feet in height and are located
along the property line. The Neighborhood Association wishes to place letters one foot in height on the
existing walls. The addition of the letters will now make the wall a sign. In order for the letters to be
placed on the wall this variance must be granted.
As a special condition the applicant states that there was not land allocated at the time of the
subdivision development for a neighborhood gateway sign that would comply with a 10 -foot setback.
The existing gateway brick walls, located on the property lines of the existing residential properties,
and were created by the developer to indicate a distinct area of the greater Southwood Subdivision.
The applicant offers the following hardship. Under current law we would not be able to mount the sign
on the existing gateway brick walls. If a sign were to be placed 10 -feet from the property line it would
visually be blocked by the existing gateway brick walls and be in the middle of a residential property
owner's front yard. If a new sign were to be built in front of the walls, the Bee Creek Neighborhood
Association would need to request a private improvement in a public right -of -way permit and the sign
would be in City ROW and would be even closer to Southwest Parkway.
Chairman Hill opened the public hearing.
Carol Nichols, the applicant, stepped before the Board and was sworn in by Chairman Hill. Ms.
Nichols told the Board that here is no place to add an additional sign and this would be the best use of
city funds.
With no one else stepping forward to speak in favor or opposition, Chairman Hill closed the public
hearing.
Mr. Goss made the motion to authorize a variance to the sign regulations from the terms of this
ordinance as it will not be contrary to the public interest due to the following unique special conditions
not generally found within the city: there was no land allocated at the time of subdivision development
for a neighborhood gateway sign that would comply with the 10 -foot setback; and because a strict
enforcement of the provisions of the ordinance would result in substantial hardship to this applicant
being: if the sign was placed 10 -feet back from the property line it would visually blocked by existing
fence; and such that the spirit of this ordinance shall be preserved and the general interests of the public
and applicant served. Mr. Birdwell seconded the motion, which passed unopposed (4 -0).
ZBA Minutes February 4, 2003 Page 7 of 10
AGENDA ITEM NO. 8: Consideration, discussion and possible action on a rear setback
variance at 822 Nimitz, lot 9, block 6, D.A. Smith Subdivision. Applicant is the City of College
Station Community Development Office.
Staff Planner Reeves stepped before the Board and presented the staff report. Ms. Reeves told the
Board that the variance is to allow Community Development to move forward with the Optional
Relocation Project.
This project involves an existing dilapidated, unsafe structure that will be replaced by a new modest
brick structure that will encroach less into the rear setback than the current structure. The current
structure has a variable encroachment of 19 -20 feet into the rear setback. The new structure will
encroach 7.5 -feet into the rear setback: thus the applicant is requesting a rear setback of 7.5 -feet.
The applicant has stated as a special condition: due to Nimitz Street encroaching approximately 15.5 -
feet into the front of the owners property, a variance of the rear setback is required to place the front of
the new 31' x 32' replacement dwelling 10 -feet from the edge of the paving of Nimitz Street, a
standard already established by recent development adjacent tot he subject property.
As a hardship the applicant has stated: without the variance, the lot is unbuildable due to the small lot
size of approximately 3,285 sq. ft. An additional 777 -sq. ft. of the front of the lot is unusable because
it is developed as Nimitz Street, leaving approximately 2,508 -sq. ft. of total lot area that can be
developed.
Ms. Reeves told the Board that they have given variance to other homes on Nimitz as well as Avenue
A due to the lots being very old and small. Avenue A backs up to this property.
Chairman Hill opened the public hearing.
Eric Barton, Housing Program Coordinator for Community Development, stepped before the Board
and was sworn in by Chairman Hill. Mr. Barton spoke about the dilapidated home and the need to
remove it and replace it with a new one.
Mr. Birdwell asked if the lot to the north of the property could be combined to make one building site
to have adequate room. Mr. Barton replied that the property is a piece of rental property and they have
not approached the property owner about purchasing the lot. Ms. Glover has deed and title to her
property.
The Board had discussions with Mr. Barton concerning HUD requirements of occupancy.
Randy Brumley with the Community Development office stepped before the Board and was sworn in
by Chairman Hill. Mr. Brumley made clarification to the discussions on the HUD requirements.
Chairman Hill made the comment that the whole neighborhood is a problem and anything that can be
done to improve the overall situation is a step in the right direction.
With no one else stepping forward to speak in favor or opposition of the variance request, Chairman
Hill closed the public hearing.
ZBA Minutes February 4, 2003 Page 8 of 10
Mr. Birdwell made the motion to deny the variance to the minimum setback from the terms of this
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 this ordinance shall be observed and substantial
justice done. The motion died with a lack of a second.
Mr. Lewis 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: city
street has been placed on the property & existing structure is closer to property line than the proposed
structure; and because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant being: too little space available to build a house on a lot which
was platted before the existing lot regulations; and such that the spirit of this ordinance shall be
observed and substantial justice done subject to the following limitations: rear setback of 7.5 -feet.
Mr. Goss seconded the motion.
Mr. Birdwell told the Board that he was Chairman of this Board when the home on the corner of
Lincoln Street and Nimitz Street wanted to do the same thing. A developer tore down a dilapidated
home and built student housing. Mr. Birdwell stated that the Board was going to deny the variance and
he talked them into approving it. He has been sorry ever since he saw what they had built. At that time
there was some discussion of the possibility of the developer buying the lot next door and combining
two lots. It was not six months after the home was built that the same thing happened next door.
Another home was torn down and another one was built. There is not enough room for a house on the
lots in that area. There are two houses in that area that is occupied by students. Mr. Birdwell stated
that if this house were built, it would be 3 years that it would become student housing. Mr. Birdwell
added that if two lots were combined, because it is a desirable area, it would make more sense.
Mr. Goss stated that he understood Mr. Birdwell's reasoning but he is not sure that this exact situation
isn't exactly what the special conditions and hardships are designed for. Mr. Goss added that the
Board gives a 4 -foot encroachment on a side variance and the rules and regulations are jimmied
because you are very hard pressed to find a special condition and/or a hardship that is not financial.
Mr. Birdwell and Mr. Goss continued discussions concerning special conditions and hardships.
Mr. Goss stated the fact is that these lots were lots before the city came in and imposed a setback. In
his mind you have a lot with a dilapidated house and you impose another hardship on the current
occupier of the property to go and buy another lot. Mr. Goss stated that if the two lots were combined
there is just going to be bigger student housing. Mr. Birdwell stated the whole area is going to be
student housing.
Mr. Lewis stated that in the meantime there is a low- income property owner that is going to be
prevented to do what they want to with their property.
Chairman Hill stated that the homeowner effectively is going to be forced out of the home with all the
problems. Chairman Hill added that this is a good solution, maybe not the perfect solution to the
situation. The dilapidated structure will be replaced with a quality structure and will only help the area.
He added that he understands about the crowding but that is never going to be resolved in that area.
ZBA Minutes February 4, 2003 Page 9 of 10
Chairman Hill called for the vote. The Board voted (3 -1) which failed. Mr. Birdwell voting against
granting the variance.
AGENDA ITEM NO. 9: Consideration, discussion and possible action on future
agenda items.
No items were discussed.
AGENDA ITEM NO. 10: Adjourn.
The meeting was adjourned.
APPROVED:
Leslie Hill, Chairman
ATTEST:
Deborah Grace, Staff Assistant
ZBA Minutes February 4, 2003 Page 10 of 10