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Home My WebLink About07/16/1996 - Regular Minutes - Zoning Board of Adjustments MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS July ~ 1996 7:00 P.M. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Acting Chairman Sawtelle, Members Alexander, Blackwelder and Hollas and Alternate Member Anderson. Chairman Rife and Alternate Member Ochoa. Staff Planner Dunn, Planning Technician Thomas and Assistant City Attorney Shively. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Mr. Sawtelle called the meeting to order and explained the functions of the Boazd. • AGENDA ITEM N0.2: Approval of minutes from the meeting of July 2,1996. Mr. Sawtelle corrected the last sentence under agenda item number 5 on page 4 to read, "Mr. Hollas seconded the motion which passed (4 - 1 - 0), Mr. Sawtelle abstained from voting". Mr. Blackwelder moved to approve the minutes from the meeting of July 2, 1996 as corrected. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a variance request to the side setback requirements to allow the addition of a carport at 2904 Camille in the Southwood Forest Subdivision. Applicant is Gary L. Trotter. Staff Planner Dunn presented the staff report to allow for the addition of a gazage on the southeast side of the lot. The Zomng Ordinance requires a minimum building setback of 7.5 feet from the side property line. The applicant states in his application that he is requesting a variance of 5 feet. However, after speaking to the applicant, staff has determined that with the 18" eaves overhang allowance, the carport slab would be approximately 4 feet from the side property line. Therefore, the applicant is requesting a variance of 3.5 feet to the side setback. The primary special condition offered in this case is the fact that the house and gazage extends almost the entire width of the lot, thereby limiting accessible locations. The applicant prefers the proposed location due to the fact that the use of other buildable azeas in the front would affect the appeazance of the home and therefore impact the surrounding neighborhood as well. Several lazge trees also restrict placement of the carport in the reaz yazd. Placement in the front or reaz yazd may be accomplished without a variance. However, the front yazd azea is not preferred due to aesthetic reasons, and the rear yard contains a lazge tree that the applicant wishes to preserve. The • purpose of 7.5' side setbacks is to establish a maximum of 15 feet between any two adjacent buildings. This standard is usually tified on the basis of fire retardation. If the variance is granted, the adjacent property owner could plate a structure within 11.5 feet of the proposed carport. Approximately twenty surrounding property owners were notified. One response was received from an adjacent property owner concerned with the appeazance of the proposed carport. Mr. Sawtelle opened the public hearing. Applicant Gary Trotter of 2904 Camille approached the Board and was sworn in by Mr. Sawtelle. He stated that vv~th his two teenage daughters and three vehicles, the proposed carport is necessary. The addition will match the existing roof line and cost approximately $6000. Next door neighbor Chazles Lee has given him permission to construct the addition as long as the colors and design match those of the house. Mr. Trotter stated that the only alternative would be to construct the carport in the reaz of the property; however, two large trees would have to be removed and there would not be enough room to turn azound to get into a structure behind the existing gazage. There is also a swimming pool and extensive landscaping that would make the addition not workable aesthetically. Mr. Sawtelle closed the public hearing. Mr. Hollas stated that he does not have a problem with the overall concept; however, he is struggling with establishing a hazdship in this case. Mr. Blackwelder agreed and stated that he would like to accommodate the applicant; however, there does not appear to be a hazdship in this case. Mr. Alexander stated that from an aesthetics standpoint, the addition will add to the site and screen the pazked car. Mr. Blackwelder moved to deny a variance form Section 15, Ordinance number 1638 to the minimum setback requirements 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 hazdship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Hollas seconded the motion which passed (4 - 1); Mr. Alexander voted in opposition to the motion. • AGENDA ITEM N0.4: Consideration of a variance request to the front or rear setback requirements to allow the construction of two new homes on lots 6 and 7, block 2 of the D.A. Smith Subdivision located along the south side of Avenue A. Applicant is Shabeer Jaffer. Staff Planner Dunn presented the staff report to allow for the construction of two single family homes to be built approximately 12 feet from the reaz property line. The subject lot is located within an older subdivision of smaller-sized single family lots. All ten lots on the east side of Avenue A, including the subject lot, have a lot depth of 74.4 feet. In addition, several other existing houses encroach into the required front, reaz, and side setbacks. The applicant proposes to construct two new 3-bedroom houses approximately 12 feet from the reaz property line of lots 6 & 7. Therefore the applicant is requesting a vanance of 13 feet to the required 25 foot rear building setback. The applicant states that the primary special condition in this case is the small size of the existing lot, due to physical constraints as a result of the historical development of the neighborhood. The 74' lot depth makes the property difficult to develop as residential under current ordinance standards. Further, the buildable azea of each lot, relative to required setbacks, is 854 squaze feet, which is less than half of the buildable azea of a minimum 50' x 100' lot. Staff has determined that the only alternative available to the applicant is to replat several of the lots in the azea according to current minimum lot size standards of 50' width and 100' depth. However, on August 26, 1976, the City Council exempted this lot as well as all other lots in the D.A. Smith subdivision and several other older subdivisions from current ordinance requirements concerning minimum lot azea, width, and depth. Minimum lot size and building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standards aze typically justified on the basis of the protection of property values. The applicant feels that the intent of the ordinance is met in that the new residences will contribute to the redevelopment of the azea. On June 6 & June 20, 1995, the Board granted variances to the front and rear setbacks to allow for the construction of . two new residences at 824 & 814 Nimitz, which are located directly behind the subject lots. The small depth of the lots (56 feet) were also considered special conditions in those cases. Approximately seventeen surrounding property owners were notified with no response. ZBA Minutes July 16, 1996 gage 2 oj3 Mr. Sawtelle opened the public hearing. Marilyn Peyton of 812 Avenue A approached the Board and was sworn in by Mr. Sawtelle. She asked for clarification of the actual variance request. StaffPlanner Dunn clarified the setback variance request for the two single family homes. Mr. Sawtelle closed the public hearing. Mr. Hollas stated that he understands why the City Council granted a variance in this general area; however, there is a large strip of vacant land in this area that could be consolidated and a variance would not be required to develop the property. Mr. Blackwelder stated that with the smaller lot sizes, the houses will be closer together in this neighborhood regardless of what the Board does. In order to build a house on the two subject lots, a variance is necessary. Mr. Blackwelder moved to authorize a variance from Section 15, Ordinance number 1638 to the minimum setback requirements (more specifically 5' variance to the front setback and 8' variance to the rear setback to allow for the required parking spaces) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: existing lot size on this street too shallow to build a reasonable house; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being the inability to build a house on the subject lots without a variance; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. S: Other business. • There was no other business. AGENDA ITEM N0.6: Adjourn. Mr. Blackwelder moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Alexander seconded the motion which passed unopposed (5 - 0). ~ , A T ~ f~ ; Tanning ~'ect~ci atal a omas • ZBA Minutes July 16, 1996 Page 3 of 3 ZONIIJG BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to deny a variance to the yard (Section 8.T) lot width (Table A) lot depth (Table A) minunum setback parking requirements (Section 9) 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. `~ ~ J(C~~,~' Motion made by ~. ~ Date ~ Voting Results Seconded by ~ ~' ~~-,~~ Chair Signature v~v~sssooc • ZONING BOARD OF ADJUST1111E~T • FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.T) lot width (Table A) 1 depth (Table A) ,~ ~` ~ minimum setback ~ ~~ `~ ~~ parking requirements (Section 9) C~ from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: ~-x~s~v~~ ~~~ ~~ Z ~ ~w~~ ~~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~~~~~- ~~~ `l~ ~~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: c Motion made by • Seconded by _ Chair Signature . ~~ Date / Voting Results c'~ YARP1638.DOC i~! Zoning Board of Adjustment i• i• Guest Register Date Naive 1. ~ Lkr y -7-- ~ ~ r fr' o ~~ ,~,~' 2. ~C~- ~ ~ \\ ~` 3. G~ I~-~ ~ 2 2~ 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Address jl'7 ~2 r~ ~C ~ ~ CU~~.e ~ LSdG,~2un ,1~ K~