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HomeMy WebLinkAbout09/17/2002 - Regular Minutes - Zoning Board of Adjustments4 MINUTES Zoning Board of Adjustment September 17, 2002 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Hill, Sheffy, Richards, Birdwell & Alternate Goss. MEMBERS ABSENT: Lewis, Alternates Allison & Whisenant (not needed). STAFF PRESENT: Staff Assistant Grace, Staff Planners Reeves & Hitchcock, and Asst. City Attorney Robinson, Action Center Representative Kelly. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order and explained the functions of the Board. AGENDA ITEM NO. 2: Consider any absence request forms. Mr. Lewis turned in a request. Mr. Birdwell made the motion to approve the request. Mr. Richards seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 3: Consideration, discussion and possible action of meeting minutes from August 6, 2002. Mr. Goss made the motion to approve the minutes. Mr. Birdwell seconded the motion, which passed (5 -0). AGENDA ITEM NO. 4: Consideration, discussion and possible action on a side setback variance at 703 Kingsmill Court, lot 67, block 25, Pebble Creek 8 -C. Applicant is Larry Mariott. (02 -164). Staff Planner Reeves stepped before the Board and presented the staff report. Ms. Reeves told the Board that the applicant is requesting the variance to legitimize an error made during construction. This case involves an error made by the builder in establishing the side 7.5 -foot setback variance. The result is a variable encroachment that reaches 7 feet from the property line to the closest part of the home; thus the applicant is requesting a side setback variance of 6 inches. The applicant states: " That the property pin is very low because of the street being so low. The pin must have been bent just a little for him to have been off." The applicant states for his hardship: "Try to remove encroachment from the title survey, this would clean up the policy." ZBA Minutes September 17, 2002 Page 1 of 3 Ms. Reeves ended her staff report by showing the Board pictures of the property. 4 0 There were no questions for staff so Chairman Hill opened the public hearing. Larry Mariott, the applicant, stepped before the Board. Mr. Mariott told the Board that he is solely responsible for the error in the construction of the home. Mr. Mariott stated that the probable explanation would be that the street elevation is lower than the house. The house was a close fit on the lot to begin with. Mr. Mariott ended by telling the Board that the owners requested that he try for the variance so they would have a clean title should they sell in the future. Chairman Hill asked if the title policy has been issued for the home. Mr. Mariott replied yes. Mr. Mariott went on to explain that at the time the error was discovered he contacted Kelly Templin in the Development Services Office. Mr. Templin issued a letter stating that the city does recognize the encroachment but at this time the city does not have any interest in pursuing enforcement. That gave the title company enough assurance to issue the title policy. Mr. Mariott ended by saying that the homeowners requested that the variance be sought anyway. With no one else stepping forward, 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: the requested variance is approximately 6% and will have no detrimental effect on the neighborhood; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: difficulties with the title; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: variance is limited to 6 ". Mr. Goss seconded the motion, which passed (5 -0). Mr. Birdwell questioned the letter that Mr. Mariott received from Mr. Templin. Mr. Birdwell stated that those letters used to be very common in the past. Mr. Birdwell continued that it was about 6 months ago a letter was suggested as a solution for an applicant and the Board was told the city does not write those letters anymore. Ms. Reeves replied that the Planning Staff was advised by the Legal Department that those letters would not hold up in court. Ms. Reeves told the Board that she was unaware of the letter Mr. Templin provided Mr. Mariott. Mr. Birdwell stated that he wanted to know what is the policy and if these letters were written for minor discrepancies or not. Ms. Robinson replied that she is not familiar with the issue but if she was to guess the letters are the city agreeing not enforce the encroachment and it does not clear the encroachment. The problem is not resolved and a variance is required. Mr. Birdwell stated that for many title companies it does resolve the problem. AGENDA ITEM NO. 5: items. No items were discussed. Consideration, discussion and possible action on future agenda ZBA Minutes September 17, 2002 Page 2 of 3 AGENDA ITEM NO. 6: Adjourn. ( Chairman Hill adjourned the meeting. APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant ZBA Minutes September 17, 2002 Page 3 of 3