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HomeMy WebLinkAbout03/07/1989 - Regular Minutes - Zoning Board of AdjustmentsMINUTES i• CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment March 7, 1989 7:00 P.M. MEMBERS PRESENT: Chairman Ruesink, Member Thompson, Alternate Member Baker and Council Liaison Birdwell MEMBERS ABSENT: Members Gilmore, Henry, Gentry & Alternate Member Garrett STAFF PRESENT: Senior Planner Kee and Planning Technician Volk AQBHDA ITBM NO. l: Call to order - explanation of functions and liaitations of Board. Chairman Ruesink called the meeting to order and explained the functions and limitations of the Board. Additionally, he informed the audience that because any positive action by this Board requires an affirmative vote by 4 of the 5 members, action taken at this meeting will require a unanimous vote. AQBHDA ITBM N0. 2: Approval of minutes - aeeting of January 23, 1989. Mr. Thompson made a motion to approve the draft minutes as submitted. Mrs. Baker seconded the motion which carried unanimously (4-0). • AQBHDA ITBM P0. 3: Hear visitors. No one spoke. A6BNDA ITBM N0. 4: Consideration of a request for a variance to side setback requireaents at 304 Hyle. Applicant is Janes Sill. Owner is Henry Hecox. Senior Planner Kee showed slides of the subject property and the area while she briefly reviewed the staff report, identifying the applicant, the request, location of the subject property and the purpose of the request. She stated that Henry Hecox is the property owner, then identified area zoning and land uses. Mrs. Kee described the lot, and explained that a side setback required by ordinance is 7.5 ft., that the applicant is proposing a 5.0 ft. setback, and that ordinance intent is to provide adequate separation between residences to allow for light and air, to allow emergency access, and for fire separation. Mrs. Kee then explained that part of this new garage has been constructed; the applicant was notified of the need for a building permit; and work on the structure has ceased pending action by the Board. She identified alternatives to the request as to make the existing garage functional and/or to enlarge it by only 5.5 feet. She referred the Board to the application for special conditions and/or hardships identified by the applicant, and stated that if they have questions along those lines, the applicant is in the audience and the questions can be addressed to him. • She completed her report by stating there is no record of any previous action on this property, that 15 area property owners have been notified and that she received 2 responses which were inquiries only, and no opposition has been identified. She • stated that she had not received any comments from either the Building Official or the Fire Marshal regarding this request. i• Mr. Birdwell asked if any other variances have been considered in this area and Mrs. Kee replied that to the best of her recollection, only one request was considered recently, and it was denied. Mr. Thompson interjected that the denial was based on the location of easements which had to be considered. Mr. Birdwell explained his question was posed because other structures in the neighborhood appear to be as close as 5 feet of the property line. The applicant, James Hill, 802 E. 24th Street, Bryan was sworn in and explained that the owner has identified a need for a new garage because the existing garage is too small to accommodate his vehicle. He added that while he did not initiate the construction of this structure, he is charged with completing it, and this variance will be necessary to do that. He stated that this is an old neighborhood, and that at least one neighbor has an existing garage which is about 5 feet from the property line. After clarifying that the new structure is being built over a new slab, and that the structure will be a garage rather than a carport, the Board excused the applicant and asked if anyone else would like to address this request. K. R. Mennefee, 306 Kyle came forward, was sworn in and identified himself as a neighbor who has no problems with this request, even though he understands that according to current ordinances it will encroach into the side setback. He then explained that the exact location of property lines on his lot has varied from time to time since 1947, depending upon where the survey starts - whether from the east or the west - and the distance of variation has been from 1 to 2 feet in either direction. Mr. Thompson made a 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: it is common in the neighborhood for 5.0 foot setbacks and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being that the existing garage is too small and not functional for its intended use, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: that the NE property line setback be reduced from 7.5' to 5.0'. Mrs. Baker seconded the motion. Mr. Birdwell asked to amend the motion by deleting the reference to being common in the neighborhood for 5.0' setbacks, and to replace it with "and that adequate light and air will continue to separate the existing structures and proposed structures in this instance". Mr. Thompson and Mrs. Baker agreed to add the sentence. The amended motion is as follows: "I move 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: it is common in the neighborhood for 5.0' setbacks and that adequate light and air will continue to separate the existing structures and proposed structures in this instance, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: that the existing garage is too small and not functional for its intended use, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: that the NE property line setback be reduced from 7.5' to 5.0'." • Votes were cast and the motion as amended carried unanimously (4-0}. ZBA Minutes 3-7-89 Page 2 AGBNDA I?BM I70. 5: Other business. • Mrs. Volk announced that the next ZBA meeting will be on Tuesday, March 21st. AGBNDA ITBIr! 170. 6: Adjourn. Mr. Thompson made a motion to adjourn. Mrs. Baker seconded the motion which carried unanimously (4-0}. APPROVED: fin/ ~ ~O~Q C rJ1~uUQ,VrV~° ------------------ ---------- Chairman, David Ruesink ATTEST: ----------------------------- City Secretary, Dian Jones i• • ZBA Minutes 3-7-89 Page 3 ZONING BOARD OF ADJUSTMBNT FORMAT FOR POSITIVB MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the ________yard (Section 8.?) lot width (Table A) ________lot depth (Table A) minimum setback (Table A) ________parking requirements (Section 9) from the terms .of this ordinance as it will not be contrary to the public interest, due to the following special conditions: 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 __~~~l~l~f^..r-"~_-------- Date ~~~~~ ,.. ~ _ Seconded by _~!~~'~'° -----____-- Voting Results -- -- ~ -- - ----- -- --- Chair signature ~Q_ --- -Gtr'-'.~.,5~~ ~~r~__ ~%~~-a=`=`./-------- ~'---- • ZONING BOARD OF ADJUSTMgNT FORMAT FOR POSITIVB MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the 0 i~1~ j ' ~t~,t' S~ l~ 1 ~~'``` ________yard (Section 8.7) ________lot width (Table A) ________lot depth (Table A) ________minimum setback (Table A) =_______parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: --- ---------------------------------------------------------------- --- Gl,~-/~~o --~~---~/~'~©vr---~~''-~-~~ ---c'-/ ~~or~~ Tides ------- ------------- ~ r ~~ c.~o'n! y-,.,~,rv.S" T'a e3~t„a.~r-r~" 7'-.v-~ ~arr~+~'Fe""~r~ ~.C /S7iN/~C 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 _____________________________ Date ----------------- Seconded by ______________________________ Voting Results Chair signature ----------------------------------------- i• i• ZONING BOARD OF ADJUSTMENT GUEST REGISTER NAME 1. 2. DATE March 7, 1989 ADDRESS Q~ 3 , ~'OZ ~ Z~ ~~~ 4. 5. 6. 7• 8. 9• 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23• 24. 25.