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HomeMy WebLinkAbout09/03/1996 - Regular Minutes - Zoning Board of Adjustments• MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS September 3, 1996 7:00 P.M. • MEMBERS PRESENT: Chairman Rife and Members Hollas, Blackwelder, Alexander and Alternate Member Anderson. MEMBERS ABSENT: Member Sawtelle and Alternate Members Ochoa and Taggart. STAFF PRESENT: Staff Planner Dunn, Planning Technician Thomas and Assistant City Attorney Robinson. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Rife called the meeting to order and explained the functions of the Board. AGENDA ITEM N0.2: Approval of minutes from the meeting of August 6, 1996. Mr. Blackwelder moved to approve the minutes from the meeting of August 6, 1996 as written. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a variance request to the side and rear setback requirements to allow the reconstruction of an existing garage at 603 Jersey, lot 9, block 2A of the College Park Subdivision. Staff Planner Dunn presented the staff report and stated that on July 12, 1996, the City's Code Enforcement Officer issued a letter to the owner of the subject property stating that the garage was determined to be dangerous and needed to be removed. The owner has agreed to remove the structure; however, she also wishes to build a new garage in the same location. The structure is located on the northwest corner of the lot, and was built at a time when building setbacks were not required by ordinance. Thus, the City considers the garage to be legally nonconforming or "grandfathered" until any changes are made to the structure, necessitating either a variance or a special exception. In this case, the applicant is requesting a variance because a special exception would limit the reconstruction to 60% of the current appraised value. The applicant wishes to totally reconstruct the garage, and therefore requests a variance of 20' to the rear garage setback, and 7.5' to the side setback. The following special conditions are offered in this case: (1) Location in an older neighborhood. The neighborhood was developed prior to the incorporation of the City of College Station, and therefore no building setbacks were required. • (2) The garage had ~ginally maintained a larger rear setback. According to the original plat, the subje~ ~,uoperty and other propertied Tong the north side of Old Jersey were 150' deep prior to land acquisition for the construction of Jersey Street (George Bush Drive) to the north, which reduced the depth of the property to 125'. (3) Large area of state right-of--way to the north. A 35' remains along the south side of George Bush Drive, street. strip of undeveloped right-of--way buffering the property from the • Staff Planner Dunn stated that the applicant feels that the alternatives to the variance would not adequately preserve the original garage design and driveway approach. The following alternatives have been identified: (1) Repair existing garage. The applicant states that repair in place is possible, but is less desirable than demolition and reconstruction. (2) Demolish existing garage and construct new garage in front yard. This location would be more visible from the street and would impact the design of the house. -. (3) v--Demolish existing-garage-and-construct new-garage-in-the-rea~.noxtheast-portion~of the lot. This location would be less visible from the street, but would likely require relocation of the driveway entrance and removal of some large oak trees. Staff Planner Dunn stated that over the past twenty years, the Board has granted several variances and special exceptions for the expansion or reconstruction of older homes in the College Park neighborhood. The special conditions for variance cases have focused mainly on the age of the neighborhood. Approximately sixteen surrounding property owners were notified of the request with several inquiries. There was a letter submitted by the owner of 601 Jersey that requested a 1' clearance from the side property line to separate the structure from his property. Chairman Rife opened the public hearing. Applicant Dick Birdwell of 3 Forest Drive in College Station approached the Board and was sworn in by Chairman Rife. He informed the Board that the property belongs to his mother-in-law and he has • recently taken over her affairs. The subject home has been rental property for over twenty years and is in need of repair. He stated that it is common in that neighborhood for the garage to be constructed on the property line. Lot 11 has a garage on the lot line, lot 10 does not have a garage and lot 8 has a carport located on the lot line. Mr. Birdwell stated that he can repair the garage in place without a variance; however, he would prefer to rebuild a more modern garage. The overall dimensions of the garage will not change upon reconstruction. He stated that he does not have a problem with moving the structure 1' away from the property line to satisfy the adjacent property owner. If the garage is moved more than 18" from the side property line, the driveway location becomes a problem. Chairman Rife closed the public hearing. He stated that the applicant can repair the garage in its current location without a variance. If the variance is granted, the structure could be moved over 1' to solve the adjacent property owner's problem. Mr. Hollas moved to authorize a variance from Section 15, Ordinance Number 1638 to the minimum setback requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the neighborhood predates the Zoning Ordinance, numerous structures within the neighborhood encroach into the setback lines; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the location of numerous trees, the location of the existing building and driveway, all of which predated the effective date of the ordinance; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Alexander seconded the motion. Mr. Blackwelder moved to amend the motion to approve the variance with the condition that the new garage foundation must be constructed at least 18" from the side setback line and the eaves of the building must not encroach into the adjacent property. Ms. Anderson seconded the amendment which passed unopposed (5 - 0). • The motion to approve the Katiance ~cequest as amended passed unopposed (5 - 0). ZBA Minutes September 3, 1996 Page 2 of 3 AGENDA ITEM N0.4: Other business. • There was no other business. AGENDA ITEM NO. S: Adjourn, Mr. Hollas moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Blackwelder seconded the motion which passed unopposed (5 - 0). ATTE~ ,.~,,, ~>> 'ng c n, Natalie omas • • ZBA Minutes September 3, 1996 Page 3 of 3 ZONIIJG BOARD OF ,ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.T) ^ lot width (Table A) lot depth (Table A) minimum setback 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: • v and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: Nti^~^'-~ C~-~ al+~Jlru-~-W'~ A aN !~ W ~""" ' r~~ '" ~ ~~~ G -~- ~ ~-~l ~~,¢~~~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the followin~g'l"i~mitations~:~ r ) ,~ j Motion made by ~ Date ~ ~ 3~~~ Seconded by ~~ Voting Results ~'~ Chair Signature YARP1638.DOC Zoning Board of Adjustment • Guest Register ~ Dat ~j Name Address 1. ~ ~ ~L 2 s~os ~~ `'~ ,~~~ 2. 3. 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.