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HomeMy WebLinkAbout11/04/1997 - Regular Minutes - Zoning Board of Adjustments• MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS November 4, 1997 6:00 P.M. • MEMBERS PRESENT: Chairman Hollas and Members Alexander, Blackwelder and Alternate Members Pyrtle and Hill. MEMBERS ABSENT: Members Warren, Taggart and Alternate Member Happ. STAFF PRESENT: City Planner Kee, Assistant City Engineer Morgan, Senior Planner McCully, Staff Planner Battle, Planning Technician Ruiz, Staff Assistant Deborah Grace and Assistant City Attorney Reynolds. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Hollas called the meeting to order and explained the functions of the Board. AGENDA ITEM N0.2: Consideration of a Drainage Ordinance variance request to the required concrete liner in the bottom of the proposed channel of the Carter Creek Relocation Project. The subject property includes sections of Carter Creek and Burton Creek from State Highway 6, under State Highway 60 and through to State Highway 30. The applicant is Mike Davis. Assistant City Engineer Morgan presented the staff report and stated that the purpose of the variance request is to allow the developer to construct a trapezoid channel which is the relocated portion of Burton and Carter Creeks without a concrete inert (pilot channel) and without the protections of impermeable materials (concrete, granite, etc.) where the velocities would require. The applicant plans to relocate both creeks, reclaim the floodplain and the corner tracts at the SH6/SH60 intersection. This relocation project will also reduce the floodplain areas on the remainder of the property. The variance is being requested to satisfy conditions placed on the applicant by the U. S. Army Corp of Engineers and their Section 404 permitting requirements. The Corp 404 permit is the wetlands mitigation that is required of a project of this magnitude. In that permitting scheme, the Corp tries, for environmental purposes, to reduce the amount of concrete that is used. The Corp 404 permit does not review the hydrology or hydraulics or associated maintenance concerns of a project. This review is the responsibility of the municipality and FEMA. According to the Drainage Ordinance, the applicant must show that the variance being requested is: 1) The minimum necessary to afford the applicant relief 2) it will not be detrimental to public health and safety 3) the variance will not increase the water surface elevations, velocities, etc., to the • extent that there will be any threat to public safety 4) the variance will not prevent the orderly subdivision o of land upstream or downstream 5) no variance shall be allowed within a floodway if any increase in water surface elevation occurs during the base flood discharge • Assistant City Engineer Morgan stated that the applicant, in their engineering report, has shown that in several areas along the relocated sections of the creeks the velocities exceed 6 feet per second (maximum for vegetative lined channels). These areas would need the protection of an impermeable surface, to avoid erosion and maintenance problems. Alternatives to the applicant are a redesign of the channel to reduce velocities to those applicable for a vegetative or earthen channel, in an effort to minimize the amount of concrete used. The applicant can also look at alternative methods of stabilizing the bottom of the creek that may be more appealing to the requirements of the Corp 404 permit. There are perhaps a number of alternatives that could satisfy both agencies requirements. The intent of the Drainage Ordinance is to assure protection to the subject property and all adjacent property owners from potential flooding risk. It is also the intent of the ordinance to prevent or minimize erosion and maintenance problems due to excessive velocities that would erode vegetation or earthen channels. A similar request was made in 1991 by the developer of Emerald Forest. The request was to delete the concrete channel liner required by the ordinance. The request was denied. Approximately sixty surrounding property owners were notified of the request with several responses. Chairman Hollas opened the public hearing. Applicant Mike Davis approached the Board and was sworn in by Chairman Hollas. He gave a brief overview of the relocation project. The proposed clay lining works with the overall design and he can provide information from a structural engineer to verify that it will hold up at the proposed velocities. Mr. Davis stated that they can met the grass lined section of the ordinance with the required velocities; however, he is requesting to use a alternate stable liner in the bottom of the channel. The proposed creek is a very low slope channel and is designed so that it is easy to maintain. He stated that he currently has a Corp 404 permit and he is applying for a nationwide • permit. The initial Corp permit was issued without a concrete liner; however, the local drainage ordinance requires the concrete liner. Mr. Davis stated that his main concern is that other reviewing agencies will not approve the project given a concrete liner. The proposed design with a clay bottom will provide a more aesthetically pleasing and natural look. The pilot channel is proposed at 40' wide, 3' deep, concrete sides and a clay bottom that wraps around. Mr. Davis stated that he will be willing to work with staff to address the structural concerns expressed in the staff report. Mr. Pyrtle questioned staff about the clay material as an alternative in this situation. Assistant City Engineer Morgan stated that staff has several concerns about the clay bottom. Staff is concerned about the undermining of the concrete sides and potential "tipping over" without some kind of protection on the bottom. Staffs experience with some of the clay bottoms is that they do not stay in place and tend to erode away. Since the variance request was submitted, staff has reviewed some literature and visited other cities to look at alternatives to the concrete liner. Such agencies as the Harris County Flood Control have told us that the clay has not been effective. There is flexibility in the ordinance for staff to work with the applicant on an alternate impermeable surface. Staff has also worked with the Corp to make sure that the alternatives satisfy both agencies. Staff is looking at the long term maintenance of the channel, minimizing the public's concerns, while achieving the natural aesthetics in conjunction with the cooperation of the Corp. Mr. Davis stated that he is not opposed to something stable; however, he chose to pursue the variance option in order to move the project along. Most of the alternatives that are totally impervious will cause a redesign. He stated that he could provide a soils engineer to prove that the proposed clay system under a channel like this is structurally sound because of the low • velocities and the low sloped channel. ZBA Minutes November 4, 1997 Page 2 oj7 The following people were sworn in by Chairman Hollas and spoke in opposition to the request: • Mark Shavers Representative of the Brazos Greenways Council Christian Turner Member of the Brazos Greenways Council Sherry Ellison Representative of the Windwood Homeowners Association The following comments were made in opposition to the variance request: (1) There are still many unanswered questions concerning the project that should be addressed before a variance is granted. Outstanding issues include the maximum velocities in the channel, the water surface elevations for the 100 year flood, silting, erosion control, etc. The developer says that he has done the hydraulic analysis of the new channel; however, no one has been able to receive a copy. (2) Concrete is not a preferred alternative and is not being advocated by opponents of the variance request; however, the proposed clay bottom is not a sufficient solution to the problem. Some sort of variance may be necessary; however, there are other alternatives that should be explored before accepting the clay bottom. (3) The community should not suffer the expense for maintenance of a channel that does not meet the City's drainage ordinance. The variance is contrary to the public interest. (4) The City's drainage ordinance does not contemplate projects of this magnitude. Staff, as well as the community, should have more time to examine this project. (5) It is premature to make a decision on a variance request until the applicant obtains • the necessary permits from the Corp and TNRCC. This is the first opportunity that the City and the Corp have had the opportunity to work together on this project. The potential for other variances is great. (6) There are current drainage and erosion problems in the Windwood Subdivision that could be exacerbated with the relocation project. If the project is not designed correctly and variances are given to the minimum standards, flooding could be caused upstream and downstream. (7) What if something happens financially in the middle of the project and the developer is unable to complete the improvements? Chairman Hollas closed the public hearing. Applicant Mike Davis stated that after working with the project engineer, the velocities in the channel have been reduced to less than 6 feet per second. City Engineer Morgan stated that since the applicant has stated that the velocities in the channel are less than 6 feet per second, the Board can~ust consider the concrete liner variance request. Mr. Pyrtle expressed concern that staff, as well as the Board, has not received any details or additional information that clay will work in this particular case. No data has been presented that can be compared to concrete. He moved to deny the variance from Chapter 13, Ordinance Number 1728, Drainage Ordinance, because undue hardship on the owner will not result from strict compliance with those requirements, to wit: it has not been proven that a suitable alternative to the use of concrete in the pilot channel exists as outlined; and because the variance is not • necessary for the preservation and enjoyment of a substantial property right of the applicant. Mr. Blackwelder seconded the motion. ZBA Minutes November 4, 1997 Page 3 of 7 • Chairman Hollas clarified that if the Board approves the negative motion, it does not mean that the applicant has to put concrete in the bottom of the channel. It does mean that the applicant must work with staff and other reviewing agencies to find a solution such as the one utilized in the city of Plano. The motion to deny the variance request passed (4 - 1); Mr. Alexander voted against the motion. AGENDA ITEM N0.3: Consideration of a setback variance request for a new home to be constructed on a portion of tot 6 of the D.A. Smith Subdivision, 311 Lincoln Avenue. Applicant is Sherman Click for Bill Harris. Senior Planner McCully presented the staff report and stated that the subject property is nonconforming in that it does not meet the minimum lot depth of 100' (it is 74.4 feet deep). However, in 1976, the lots in this neighborhood were exempted from meeting minimum lot size and dimension requirements, provided that the lot configuration does not change. Lot reconfigurations (i.e. replatting) would not fall within the 1976 ordinance exemption and would trigger either ordinance compliance or lot size/dimension variances. The subject lot is large and wide enough that it may eventually fit two additional homes along Avenue A, provided that the lot is first formally replatted. Should the owner choose to build the other two homes, the 1976 lot size/dimension exemptions would no longer apply, and further variances will be required. The City is aware of numerous problems associated with water and sewer service along Avenue A and the surrounding area due to inadequate infrastructure. The Staff is currently working with the applicant to ensure adequate water and sewer service to the proposed new home without worsening these services to the existing homes along Avenue A. City Public Works Department is currently working on an upgrade for the entire Avenue A area for water and sewer lines. Access must be taken off of Avenue A due to the potentially hazardous traffic situation that • would be posed by small residential driveways off of Lincoln. Avenue A consists of a 16" gravel road that dead ends into the northern-most lots on that street. The following table outlines the requested variances: SETBACK INFORMATION Fr. Setback Required: 25' Fr. Setback Proposed: 20' Total variance: 5' Rear Setback Required: 25' Rear Setback Proposed: 10' Total variance: 15' Senior Planner McCully stated that the subject lots were originally platted around the time that the City incorporated. They were included in a single lot, Lot 6 of the D.A. Smith Subdivision, at that time. Lot 6 is a large narrow lot that extends from Ash to Lincoln and from Nimitz to the rear lot lines of the western lots on Avenue A. Further divisions of Lot 6 occurred by deed before the City adopted Subdivision Regulations. The divisions were therefore exempt from platting requirements. The front and rear setback requirements, which would total 50', would leave the property with a buildable house depth of 24.4'. Due to the restraint of the lot depth of the original Lot 6 in conjunction with the grandfathered divisions that took place before the • Subdivision Regulations were in place, Staff has not found any alternatives in this case. ZBA Minutes November 4, 1997 Page 4 of 7 Senior Planner McCully stated that 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 has pointed out that the existing houses in the azea have similar constraints as the proposed lots, therefore the character of the area will be protected. There have been several similar requests in the immediate area, most of them involving higher percentage variances than in the case of the current request. Approximately fifteen surrounding property owners were notified of the request with no response. Chairman Hollas opened the public hearing. Applicant Sherman Click approached the Board and was sworn in by Chairman Hollas. He stated that the owner is trying to upgrade this area of town. There have been several variances granted in the area that are more severe than what is requested. There will be adequate parking provided to the new home so that no parking problems will be created. Mr. Click stated that the new home will be approximately 1674 square feet, 4 bedrooms, 2 baths with four head-in parking spaces from Avenue A. He stated that he is currently working with the City on providing water and sewer to the property. Eventually, the owner would like to divide the property into two more lots to allow for a total of three new homes. Chairman Hollas closed the public hearing. Mr. Blackwelder moved to authorize a variance from Ordinance Number 1638 to the minimum setback requirements from the terms of this because undue hardship on the owner will result from strict compliance with those requirements, to wit: no variance allowed in the front (Avenue A) and a 15' setback variance in the rear. No side setback variances allowed. And, because special circumstances or conditions affect the land involved such that strict compliance with the • provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: the lot depth is too shallow to build a house of usable size on the property and the age of the subdivision. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: to permit the owner to develop the property as a single fartuly residence. Mr. Alexander seconded the motion. Mr. Blackwelder expressed concern of the future widening of Avenue A. The Board should grant some relief while not exacerbating the existing problem. The variance proposed will still allow a 1500 square foot house which is lazger than most homes in the azea. Mr. Click explained that lots 6 and 7 next door received setback variances and those lots are much smaller than the subject property. There is no idea when Avenue A will expand and at that time, the city will purchase the right-of--way. On lots 6 and 7, the measurement from the house to the reaz property line is only 11'. The variance request before you tonight is much less than that. The design plans have been prepazed and the additional 5' setback variance is needed in the front to make the house work. The motion to grant the variance request failed (3 - 2); Mr. Blackwelder and Mr. Pyrtle voted in opposition to the motion. AGENDA ITEM N0.4: Consideration of a setback variance request for a new home to be constructed at 3707 Chantal Circle, lot 4, block 6 of the Edelweiss Estates Subdivision Phase 6-A. The applicant is Steve Arden for Arden's Home Construction. Staff Planner Battle presented the staff report and stated that the applicant is wanting to build a new house on this lot. Because the lot is triangulaz, there is only one 7. S' side setback and two • 25' (front and reaz) setbacks. This shape has made it difficult for the builder to fit a house and garage within the setbacks. ZBA Minutes November 4, 1997 Page 4 of 7 • Staff Planner Battle stated that a home has been custom designed to fit this lot, however the garage still encroaches into the front setback. The applicant is asking fora 15' setback in the front in order to fit the garage and house on the lot. Therefore the applicant is asking fora 10' variance to the required 25' front setback. The primary special condition stated is the triangular shape of the lot which is not typical within this neighborhood. The lot does not have a fourth side that could be considered a side street with a smaller setback. According to the applicant, it would be impossible to construct a home that would be the same size and style as other houses in the neighborhood. The following alternatives have been identified: 1. Alter the proposed floor plan to fit within the existing setbacks. The applicant is not in favor of this due to the fact that a reduction would result in an unworkable layout. The house would also be significantly smaller than other houses in the neighborhood. 2. Construct a three story house. It is felt that this would be out of character with the neighborhood and incur significant extra regulations and costs. 3. Grant a smaller variance amount. The board may grant a variance amount less than what is requested (0 - 10'). Staff Planner Battle stated that the Board has granted several setback variances in the past. The conditions have included lot size and shape, existing vegetation or large easements, and a lack of impact on surrounding properties. In July 1995 the board granted a 10' variance to the rear setback for a home being constructed on a similar pie shaped lot on Bayou Woods. Certified letters were sent to property owners located within 200 feet of the subject site. A couple of inquiries were received, but no opposition expressed. • Chairman Hollas opened the public hearing. Representative of the applicant, Jim Edwards of Arden Homes approached the Board and was sworn in by Chairman Hollas. He explained that the proposed home is comparable in size to the other homes in the neighborhood, approximately 1600 square feet heated. The home has been specifically designed for this triangular shaped lot. Mr. Edwards stated that the basic request is to treat the garage side of the house like a side setback instead of a front setback since the lot is three sided. Chairman Hollas closed the public hearing. Mr. Blackwelder moved to authorize a variance to the minimum setback requirements to 15' from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the unusual shape of the lot; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: cannot build a house of similar size to others in the neighborhood; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: only the corner of the garage extend in to the 25' setback and the garage may not be closed off to provide for living area. Mr. Hill seconded the motion. Chairman Hollas moved to amend the motion to include the floor plan submitted with the application as an exhibit to the motion form showing the exact corner of the garage that will have a 16' building setback. The floor plan should be attached as an exhibit to clarify what portion of the garage is allowed to encroach. Mr. Pyrtle seconded the amendment which passed unopposed (5 - 0). • The motion as amended passed unopposed (5 - 0). ZBA Minutes November 4, 1997 Page 6 of 7 • 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). APPROVOE_D: 'n'- hairman, Stephen Hollas ATTEST: Tanning Technician, Nat a Ruiz • • ZBA Minutes November 4, 1997 Page 7 oj7 i I• ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Chapter 13, Ordinance Number 1728, Drainage Ordinance. I move to authorize a variance from the terms of this ordinance because undue hardship on the o er will result from strict compliance with those requirements, to wit: °cS~ ~Ot ~ Slit o c,/ ~ ~/v~-i~ ~iL~i^'N- ~ ~ P~-~-^~5 _ _ _ and because either of the following criteria are met: 1) Special circumstances or conditions affect the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: r 7 or 2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: g~;,Y-,~Ce- ~,~,,~~l.~r-cat Motion made by ~ ~ Date I ~ I ~ ~~ Seconded by ~ ~ Voting Results 3 "Z Chair Signature DOP1728.DOC Y' • Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.Z) lot width (Table A) lot depth (Table A) minimum setback '~ (5 ~ 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: S~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: Gau~~{~ ~~~ ld z G~-~~sti o~ 5~~~~~lv-~ S~~ w O ~~Ci/~ Gti ~G 6CGi,(~- ~ JV ~--~~ Motion made by Seconded by ' Chair Signature . ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Date ~ ~ ~~f'9~] Voting Results S' d YRRP1638.DOC and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: I• t0 Grp ~~~ yo Q ~~i 1 I I /'~1YN }rby4 /' 1 /~ N e I ~' 1 i ~_ ~ o r 1 ~ ~ 3 --- --- I a-• 1 ~n LIVINr~ O ~^ O 1 N IF4= i _ ~ O 1 • ~taMY •M/t I \ I I ~. z ~.e . `'„ 5 rtc~ I 01~~ ~ 3 DH, 1~ _-,~ ~f~- ~- ~ TWI4 isc~s - --~ P~Tt~~fi>> ~,/i '-- 'v> Sri 0 .- ZONING BOARD OF ADJUSTMENT • • • FORMAT FOR NEGATIVE MOTION Variance from Chapter 13, Ordinance Number 1728, Drainage Ordinance. ~ ~~~ r I Cc~ crrC-~. , ~x ~ 5-~5 r circumstances ar conditions do not affe ice with the provisions and requirements of nable use of his land, s~wit: ~ ,_ ~ ~ -~'e~rtr~~'l ~~ i ~-~ the land involved such that strict chapter ill deprive the applicant of ~- P ~ or 2) The variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant, 5~ - ~~ Motion made by ~r~ ~ ~ ~ T ~ ~ Date ~~ ~ ~ ~ `~ Seconded by ~~/~e 6~a~,fcwe ~d.~r Voting Results `t Chair Signature fORhLS~DONt728DOC 19!91 I move to deny a variance from the terms of this ordinance because undue hardship on the owner will not result from strict compliance with those requirements, to wit: • t: • Zoning Board of Adjustment Guest Register // Date `~ Name L `4 2. r 4. ~~ 5. 6. /Y 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 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