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HomeMy WebLinkAbout09/01/1987 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment September 1, 1987 7:00 P.M. MEMBERS PRESENT: Chairman Ruesink, Members Thompson, Gentry, Gilmore, Alternate Member Henry and Council Liaison Gardner MEMBERS ABSENT: Alternate Member Julien STAFF PRESENT: Zoning Official Kee, Assistant City Attorney Banks and Planning Technician Volk AGENDA ITEM N0. 1: Call to order - explanation of functions and lisitations of the Board. Chairman Ruesink called the meeting to order, opened the public hearing and explained the functions and limitations of the Board. AGENDA ITEM N0. 2: Approval of minutes - meeting of August 18, 1987. Mr. Thompson made a motion to accept the minutes as presented. Mr. Henry seconded the motion which carried unanimously (5-0). • AGENDA ITEM N0. 3: Hear visitors. No one spoke. AGENDA ITEM N0. 4: Consideration of a request for variance to the rear setback regulations (Section 7 Table A Ordinance No. 1638) to allow construction of an accessory structure at the residence at 1401 Post Oak Circle. Applicant is J. R. Birdwell. Mrs. Kee explained that the applicant, Mr. Birdwell, is the property owner of the residence at 1401 Post Oak Circle, and he is requesting a variance to the rear setback regulations in order to construct a 10x15 foot greenhouse 7.5 feet instead of the required 15 feet from the rear property line. She referred to the site plan in the packet to describe the shape of the lot, and to the aerial photo on the wall to describe the existing heavy vegetation on the lot. She went on to inform the Board that if this variance is granted, Mr. Birdwell will then have to seek a "license to encroach" from the City Council because his proposed location of the greenhouse is also in an existing easement. She handed out photographs of the lot Mr. Birdwell included with this application. Mrs. Kee then explained that building permits are not required for accessory structures no larger than 100 square feet in size which do not have utilities or a slab, but this building will be 150 square feet, will be on a slab, and will have utilities, and therefore, will require a building permit and must meet ordinance setback requirements or receive a variance to those requirements. Mrs. Kee went on to point out that if a reduction was made to the size of the building and utilities • and the slab were eliminated, it would not require a building permit, and therefore would not have to meet setback requirements, but may still require a license to encroach. Mrs. Kee stated there has been no previous action on this property, that 12 area • property owners had received notification resulting in 1 inquiry with no opinion expressed and contact from another neighbor who not only had no problem with the request, but who stated that every improvement made by Mr. Birdwell to date was an asset to the community. Dick Birdwell came forward and was sworn in, then explained that the site chosen for his greenhouse is the only place on this very heavily wooded lot which would receive enough sunlight for raising the plants he wants to have in the building. He pointed out that if he built this building 15 feet from the rear property line, it would interfere with the existing driveway, and the only alternative he could identify would be to cut down existing trees to reduce the extensive shading of the yard. Mr. Thompson asked if this building would be located under a power line since it will be in an easement, and Mr. Birdwell replied that it will not be under any lines since the lines are closer to his house than he proposes to locate the building. He explained that the clearing was originally made for the easement in the wrong place, and is now wider than absolutely necessary which has resulted in the only sunny area in his yard. Mr. Gilmore said there seems to be a lot of yard to the north of the house, and with that much vacant land, there would also seem to be another alternative. Mr. Birdwell said he could move it more to the east, but it would still be in the easement, and pointed out that there is a sewer line in the northeast corner of his lot in that easement which he cannot interfere with. Mr. Gilmore asked again if there is absolutely nowhere else on this large lot to place the structure and be within all the required guidelines. Mr. Birdwell replied • there is not, and still have an effective greenhouse. Joseph H. Nance came forward representing his parents who live at 1403 Post Oak Circle, and stated he is not necessarily objecting to this structure if it can be guaranteed to be used as a greenhouse, but his family is concerned with a structure which is 150 feet in size, which is placed on a slab and served with utility, and could very well be converted to a single family residence to be rented to a student. He stated if he could get some reassurance, his family would not oppose this request, but he wanted the City to be aware that his family is opposed to any type of conversion to a residence. Mrs. Kee replied that if any attempt were made to convert the building to a residence, it would require a building permit, and she would certainly bring that type of request back before the Board before signing a permit. Mr. Nance stated that would suffice, and thanked the Board. Mrs. J. W. O'Brien of 1001 Shady Lane came forward and stated that she is highly opposed to the location proposed for the greenhouse, because although it would be in Mr. Birdwell's back yard, it would be to the side of her house, and in fact, have the effect of being in her front yard. She explained that she would not be opposed to locating it farther east, but does not want it so close to Shady Drive. She stated she would even be willing to cut some of her trees to provide sunlight for Mr. Birdwell if he would move the building to the east. Mr. Nance said he would object to its location any closer to his parents' property. After additional discussion by the Board regarding the large lot and the alternative proposed by staff, the apparent lack of special conditions or hardships caused Mr. • Thompson made a motion to deny a variance to the minimum (rear} setback (Table A) 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 ZBA Minutes 9-1-87 Page #2 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. Mr. Gilmore seconded the motion which carried by a vote of 4-1 with Mr. Henry opposed. Mr. Birdwell then asked how he could appeal this decision, and then if the Board would reconsider his request at the next meeting. Mr. Gilmore said he would not be opposed to reconsidering Mr. Birdwell's request if he could provide additional information which was not included in this consideration tonight. Mr. Gentry, Mr. Ruesink and Mr. Henry all agreed. Mrs. Kee explained that because the motion was to deny this request, renotification would be required and the request would be treated as if it were a completely new request, therefore it would not be possible to consider it at the next meeting, but the earliest possible meeting for it to be considered would be on October 6th, and Mr. Birdwell would have to bring in a new application, the list of property owners and pay the required fees prior to the deadline for that meeting which is at noon on September 11th. She stated that those requirements would be waived if the request considered at this meeting had been tabled rather than denied. Mr. Gilmore made a motion that the previous motion to deny this request stand. Mr. Thompson seconded the motion which carried unanimously. AGBNDA ITEM N0. 5: Reconsideration of a request for variance to the parking requiresents (Section 9.2.B. Ordinance No. 1638) to allow the existing cossercial facility at 1804 Valley View Drive (forserly "Ira's"} to be converted into a nightclub. Applicant • is Brazos Valley Bntertainsent, Inc/Paul Winston. Owner is JDCL, Inc. (This ites was tabled at the seeting on August 18, 1987.) Mrs. Kee explained that the applicant has again requested that this item remain on the table since he still believes he will be able to provide a cross-parking agreement which will negate the necessity of a variance for this property. The Board agreed to allow this item to remain in its tabled position. AGBNDA ITBM N0. 6: Consideration of a request to resubait a variance to side and rear setback requiresents at 104 Hyle. Request is in the nase of Hurt R. Galey. Mrs. Kee referred to a letter from Mr. Galey which states that he has additional information to present to the Board to substantiate his request for variances, and addresses his request to the Board for reconsideration of his request. Mr. Gentry made a motion to allow Mr. Galey to resubmit his request for variance to rear and side setback requirements at 104 Kyle if he presents additional information which was not considered at the previous hearing. Mr. Henry seconded the motion which carried unanimously (5-0}, AGBNDA ITBM N0. 7: Other business. Mr. Ruesink reminded the Board that it had agreed to direct staff as to whether or not to include in the packets the list of property owners who received notification. Following brief discussion, the Board directed staff to use its judgment regarding • the inclusion of the list. The Board indicated that if the request seemed to represent something which would affect a neighborhood, then perhaps the inclusion of the list would be beneficial, but if it affected a neighborhood primarily comprised ZBA Minutes 9-1-87 Page #3 of out-of-town landowners or condos, perhaps it could be deleted from the packet. • Discussion followed concerning what constitutes a special condition or a hardship, with Mrs. Kee asking the Board if it still wanted to have a workshop presented by the Legal Department. The Board agreed, and asked that the workshop be scheduled for 7:00 P.M. on Tuesday, September 15, 1987. AGBNDA ITBM N0. 8: Adjourn. Mr. Gilmore made a motion to adjourn. Mr. Thompson seconded the motion which carried unanimously (5-0). APPROVED: ATTEST: ---------------------------- City Secretary, Dian Jones r1 L J ----- ~~-~- ------------------ Chairman, David Ruesink ZBA Minutes 9-1-87 Page #4 ~~.0!•t~~GL. ZONING BOARD OF ADJUSTMENT i• FORMAT FOR 11BaATIYB MOTIONS Variances: Froa Section 15 Ordinance 1638 I aove to deny a variance to the _______yard (Section 8.7) _______lot width (Table A) _______lot depth (Table A) __ V _ ainiaua setback (Table A) _______parking requireaents (Section 9) (y froa the terns of this ordinance as it will be contrary to the public interest due to the lack of any special conditions, and because a strict enforceaent 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. Mot ion wade by _-- ~J~ _ ,~' _ i~~/~I~~;.~G'!~/ _______________ ---- Seconded by ~~ ~ ~ p ------------~'~---1 =--"~ -------------------- Voting results: __ ~ _ _ ~__ ( ~~t~~t ~~0~>b,S£!~'~ Chair signature ~1Z,,~,tiQ C' Date p'~-~' ~ ZONING BOARD OF ADJUSTMENT GUEST REGISTER DATE September 1. 1987 NAME ADDRESS 4. • 11. 12. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 5. 6. 7. 8. 9. 10. 13. 14. 25.