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HomeMy WebLinkAbout08/01/2000 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment • CITY OF COLLEGE STATION, TEXAS August 1, 2000 6:00 P.M. MEMBERS PRESENT: Chairman Bond, Hill, Lewis, Shelly & Richards. (Alternate Members Corley & Goss were in the audience) MEMBERS ABSENT: Dr. Toni Hynds & Dick Birdwell. STAFF PRESENT: Senior Planner Kuenzel, Staff Assistant Grace, Staff Planner Laauwe, City Attorney Cargill, Staff Planner Jimmerson, Staff Planner Hitchcock. AGENDA ITEM NO. 1: Calt to order -Explanation of functions of the Board. Chairman Bond called the meeting to order and explained the functions of the Board. AGENDA ITEM N0.2: Consideration to rehear the rear setback variance at 216 Stuttgart, Lot 9, block 25, Edelweiss 7-B. Applicant is W.R. Tubbs. • Staff Planner Laauwe stepped before the Board and explained to the Board that this meeting is not a public hearing. The applicant does have a right to have both cases reheard as stated in the section VIII. - of the ZBA Rules and Procedures: -0' when a request is denied, the applicant must ask the ZBA within ten (IO) days to consider the request again at a future date. 4 within the ten-(10) days, the applicant must ask the Zoning Official to put the request on the next available ZBA Meeting Agenda. 4 Applicants must have the ZBA's approval to present the same or similar request regarding the same property after denial of such request by the ZBA. ZBA approval to rehear the request requires a motion to rehear, a second to that motion, and passage by a majority of present members. Mr. Tubbs did submit a letter to the Board dated July Zb, 2000 requesting the rehearing. Mr. Lewis questioned the letter sent from the City to Century 21 Real Estate dated July i 9, 2000. Ms. Laauwe explained the letter as one that is given to the title companies stating the situation and that the city does not have any immediate plans to take enforcemern action of the Boards denial or to prevent the sale of the property. Ms. Laauwe stated that she believes the Title Company accepted the letter but • the lender did not. Mr. Lewis asked if the wording of the letter is the standard wording used on other properties. Ms. Laauwe replied yes. Mr. Lewis asked if city staff was aware of airy instatxces where a Tale Company or lender had issued a title policy or loan after receiving a letter with this wording. ZBA Minr~tes Artgr~st 1, 2000 Page 1 oj4 Ms. Laauwe answered that these type letters aze written only for small encroachments and not for encroachments of this size. Ms. Laauwe stated that the lenders usually go through with the sale of the home. • The applicant, V.R. Tubbs stepped before the Board and was sworn in by Chairman Bond. Mr. Tubbs handed the Board Members, and explained a packet of information. 1. Letter from First Federal Savings Bank -homeowner approved for mortgage financing with an acceptable survey and title commitment. 2. 3 petitions from area homeowners that do not dispute the variance for 214 & 216 Stuttgart. 3. Letter from Brazos County Abstract Company to the StaffPlanner Laauwe and the reason the Underwriters aze not willing to provide express insurance as to violations of encroachment into setback lines. Mr. Tubbs told the Board that he has built 37 homes in the B/CS azea and he has not had an encroachment. Mr. Tubbs told the Board that he is making every effort to assure that this does not happen again. Mr. Richards asked if First Federal was the only lender that he approached. Mr. Tubbs replied that it is not. First American Bank has been approached and they are working to find an Underwriter that will accept this. Guarantee Federal has also been contacted. Mr. Richards stated that looking at the survey he finds it difficult to see how the house and driveway could be placed on the lot without some encroachment. Mr. Tubbs explained the he drew the initial site plan and it was originally achieved with a 25-foot rear setback and in fact that was his initial goal. The left side of the home was pulled over the 7.5-foot setback line on the left side, which allowed it to slide down towards the 25-foot • front setback line. That definitely allowed it to fit on the lot and still give the minimum of 20 foot in radius on the front side entry garage, which allows for accessibility. Mr. Tubbs ended by telling the Board that if there is a rehearing he can produce survey showing the home fitting in the direction. Mr. Hill asked what is express insurance. Mr. Tubbs replied that it is his understanding that is states that they are willing to take the home under special provisions. Mr. Tubbs told the Boazd that his realtor could better answer that question. Chairman Bond asked Mr. Tubbs if there is any information that has been presented that was not available to him at the prior hearing. Mr. Tubbs replied yes. Linda Stnbbling of Century 21 stepped before the Boazd and was sworn in by Chairman Bond. Ms. Stribbling told the Board that other lenders were sought as well as going to another Title Company. Ms. Stribbling told the Board that a buyer is willing to accept the property the way it is, and two title companies are saying they absolutely can not close with the variance. The Underwriters for the four different banks that were approached said even if it did go through this time with this particular buyer, they will have equally a hard time if the home was sold again. Mr. Hill asked again what is express insurance. Ms. Stribbling replied that she is really not sure but she does know that title companies give express insurance in instances when it is not complete insurance. Ms. Stribbling again told the Board she really does not know the answer but she will get the answer for • the Board if the case is reheard. ZBA Minutes August 1, 2800 Pbge 2 of 4 Chairman Bond asked Ms. Stribbling what other title companies were contacted. Ms. Stribbling replied University Title Company. • Chairman Bond closed the public hearing. Mr. Shelly stated that the Board is not here to teach anyone a lesson. The Board is charged to uphold the ordinances of the city and provide variances if need be. Leslie Hill made the motion for the Board to rehear the case for the property at Z16 Stuttgart. Graham Shelly seconded the motion, which passed (5-0). AGENDA ITEM N0.3: Consideration to rehear the side setback variance at Z14 Stuttgart, lot 8, block 25, Edelweiss 7-B. Applicant is W. R Tubbs. Mr. Tubbs approached the Board and stated that the packet of information handed out earlier was also information for both 214 & 216 Stuttgart. Mr. Tubbs told the Board that the neighbors do not feel that it is aesthetically a problem. Mr. Tubbs told the Board that he explained to the surrounding property owners the situation at both of the homes and everyone he has spoken to do not want to see the variances denied or the homes torn down. Mr. Tubbs told the Board that there is a buyer for this home as well. Mr. Tubbs explained that this home has the exact problems with the lenders & title companies. Mr. Tubbs explained that this home is off on the side setback due to a radius. Mr. Tubbs told the Board that at the last meeting he did not speak to the Board concerning this because he was shocked that the first variance request did not pass. Mr. Tubbs stated that he did not know what to do. Mr. Tubbs told the Board that everyone he talked to from the Building Official to the inspectors was fairly sure that he • would not have any problems receiving the variances. Other people told Mr. Tubbs that there were new Board Members and a rumor of the Board passing variances to easily and things needed to be taken mare harshly. Chairman Bond stated that he has no supporting information before him showing any additional information to support a rehearing in this case. Mr. Tubbs replied that this home is set to close on the 10`~ of this month. Mr. Tubbs told the Board that if this case were to be reheard he would have additional supporting material to present. The lenders are in the process of going to underwriting. Chairman Bond opened the public hearing. Mr. Joffar stepped before the Board and was sworn in by Chairman Bond. Mr. Joffar told the Board he is the buyer of the home. Mr. Joffar explained that this has put a hardship on his situation as well. Chairman closed the public hearing. Mr. Hill made a motion to rehear the request for setback variance. Mr. Lewis seconded the motion. Mr. Hill explained his that he felt very strongly at the meeting to deny the request. Mr. Hill told Mr. Tubbs that as a Board they are charged to uphold the ordinances but at the same time as a Board within the City they have a responsibility to the citizens. Mr. Hill ended by telling Mr. Tubbs that he wants to • make sure he is given every opportunity to present his case. The Board voted (5-0) in favor of rehearing the case. ZBA Minutes August 1, ZQDO Page 3 of 4 AG~~TDA ITEM N0.4: Consideration to call a Special Meeting Augast 29~' to rehear 214 & 216 Stuttgart. • Mr. Shelly made the motion to hold the Special Meeting. Mr. Hill seconded the motion, which passed (5-0). This meeting will cancel out the September 5 meeting of the Board. This will allow stag to prepare & present a workshop for the Board. AGENDA ITEM N0.5: The meeting was adjourned. Adjourn. ATTEST: orah Grace, Staff ssistant • Z$A M+ixates Aagast 1, 2000 Page 4 of 4 ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to deny a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) /minimum setback t~ 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. Motion made by Seconded by Chair Signature Date ~-~ Q,/-QI ~ Voting Results `t"~/ Y.4RN1638~OC r~ -~ ~~ .., • any ZONING BOARD OF ADJUSTMENT FORMAT FOR POSI'T'IVE MOTION Variance fiom Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) minimum setback and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: parking requirements (Section 9) e o owing specs . ~ ~/i~ . ,,,r ~rsc as r and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ~D ~~fi' Motion made Seconded by Chair Signature Date S Voting Results ~~ VARPf 638.DOC from the terms of this ordinance as it will not be contrary to the public interest, due to th f 11 'al conditions•