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Home My WebLink About04/21/1992 - Regular Minutes - Zoning Board of Adjustments• MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS Ciry Hall Council Room April 21, 1992 7:00 P.M. MEMBERS PRESENT: Chairman Henry, Vice Chairperson Baker, Members Lane, Smith and Sawtelle, and Alternate Member De Loach. MEMBERS ABSENT: Alternate Members De Otte, Phinney and Kennady. STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney Coates, Planning Technician Thomas, and Housing Programs • Coordinator Pitcock. AGENDA ITEM NO. 1: Call to Order -Explanation and Functions of the Board • Chairman Henry called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of Minutes from the meeting of March 17, 1992. Vice Chairperson Baker moved to approve the minutes from the meeting of March 17, 1992 as corrected by Mr. Sawtelle. Mr. Lane seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a side setback variance reqnest by Terry and Alma Smith to allow for the construction of a new home at 801/803 Pasler, Lots 23 and 24 of Block 1 in the Pasler Addition. Staff Planner Kuenzel presented the staff report requesting a variance to the side setback requirements on both the left and right side to allow for the construction of a home 43.4' in width. The applicant is proposing a 3.4' setback on each side as opposed to the required 7.5'. The applicant argues that other nonconformities exist in the vicinity due to the age of the subdivision. The applicant also argues that using both lots will still not give him the room he would need under the ordinance to build the house that would suit his family's needs. In 1976, this neighborhood was rezoned from an apartment district to single family. The rezoning ordinance included a clause that would exempt these lots and others in the area from the minimum lot size requirements. This exemption was probably granted in an attempt to prevent the need for resubdivision. An alternative to the variance would be to build a house that would fit within the buildable area of 34' x 50'. Twenty-one property owners within 200' of the subject property were notified with five inquiries. • Housing Programs Coordinator Randall Pitcock approached the Board and stated that this particular neighborhood is a target area for the City s Community Development Department. There were no new building permits issued in this neighborhood throughout the 1980's and only two new permits have been issued since 1990; both of which are houses funded • by the Community Development Department. The City is excited that private funds are being spent to enhance this area and the Community Development Department would like to go on record as encouraging and supporting this type of growth. Applicant Terry Smith approached the Board and was sworn in by Chairman Henry. He stated that this was his family's neighborhood and he would like to rebuild the home that was demolished on these two lots over one year ago. He originally planned a larger house but had to reduce the square footage because of the small lots. There are no structures on either side of the two lots in question. Gill Dillon, owner of the two currently vacant lots to the north of the lots in question, approached the Board and was sworn in by Chairman Henry. He stated that he had no problem with Mr. Smith's request; however, there is a possibility of a home being built on his two lots in the future and he would like the same consideration given to Mr. Smith for a variance request. Ms. Smith stated that Mr. Dillon's case would have to considered at that particular time in the future. Vice Chairperson Baker moved to authorize a variance from Section 15, Ordinance Number 1638, to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the unique and unusual lot size and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). • AGENDA ITEM NO. 4: Consideration of a variance request by Wolf Creek Partners, Ltd. to Drainage Ordinance Number 1728 pertaining to the renovation of bufldings within the floodplain located at 316 Redmond Drive, Lots 18, 19 and 20 of Block 4 in the Redmond Terrace Subdivision. Assistant to the City Engineer Morgan presented the staff report requesting a variance to the following paragraph; "All new construction (or any substantial improvements of any residential structure shall have the lowest floor, including any basement, at an elevation at lease one foot above the base flood elevation), and certification that this standard has been satisfied shall a submitted to the Administrator, said certification shall bear the dated seal and signature of a registered professional engineer or registered public surveyor on the form provided by the Administrator". There are two buildings (10 and 11) in this complex, the finished floors of which, are below the 100 year floodplain elevation. Given that they lie within the 100 year floodplain, the applicant must, according to the drainage ordinance, raise the finished floor of these buildings to compliance which is at lease one foot above the base flood elevation. The applicant is requesting that .they be allowed to flood proof the bottom floor of these two buildings instead of raising the finished floor. They have agreed to flood proof in accordance with the Drainage Ordinance and Standard Building Code provisions. They have requested to flood proof the bottom floors rather than raise the buildings because of monetary reasons. Prior to this, the apartments were scheduled for condemnation as they had fallen into disrepair and were a constant enforcement problem for both the police and fire departments. They had deteriorated due to years of neglect and flood damage that plagued the project. Wolf Creek Partners agreed to bring the complex into compliance with all City codes and ordinances. The applicant has plans to provide off-site detention facilities on the Texas A&M golf course. If, at that time, the base flood elevation is reduced and the • buildings are out of the floodplain, the applicant can come back and rehabilitate these two buildings to be habitable. For purposes of the drainage ordinance, the intent is for a variance to run with a structure and not the property. Staff recommends approval of the variance request. ZBA Minutes Apri121, 1992 Page 2 • Representative of the owner Juan Creixell approached the Board and was sworn in by Chairman Henry. He stated that they are trying to improve the property to make it a safe living environment for the entire community. He offered to answer any questions that the Board might have. Engineer Rick Robertson approached the Board and was sworn in by Chairman Henry. He stated that he is currently working on the design details for the detention facilities to be located upstream on University property. These plans still need Texas A&M and FEMA approval. The proposed detention pond will remove all of the buildings in this development from the floodplain. Lilly Watson, a resident along Park Place approached the Board and was sworn in by Chairman Henry. She stated that there is a problem with flooding in this area. During the recent rains, water reached to her back porch. City Engineer Pullen explained that this variance request will not effect the floodplain in any way; however, the proposed off-site detention facilities will lower the floodplain level for everyone along Wolf Pen Creek. Assistant City Attorney Coates clarified Assistant to the City Engineer Morgan's comment with respect to the proposed variance running with the structure instead of the land. If a variance is granted, it will run with the property and not the structure. If the Board wanted to approve this variance, they could place conditions on the exact elevations as well as the specific buildings. Mr. Sawtelle moved to authorize a variance from Chapter 13, Ordinance Number 1728, • Drainage Ordinance from the terms of this ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: the added stress on fire and police if two major structures be left vacant and because either of the following criteria are met: 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: develop and make commercial use of the property, further that buildings ten and eleven were constructed prior to passage of drainage ordinance; additional, the variance apply only to the current footprint of buildings ten (elevation 289.2') and building 11 (elevation 288.6'). Ms. Smith seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 5: Other business. There was no other business. AGENDA ITEM NO. 6: Adjourn. Ms. Smith moved to adjourn the meeting of the Zoning Board of Adjustment. Vice Chairperson Baker seconded the motion which passed unopposed (5 - 0). • A , Plan ng echnician, Natalie Thomas APR D: hairman, rett enry ZBA Minutes Apri121, 1992 Page 3 '• ~• ZONIl~iG 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 owner will result from strict compliance with those requirements, to wit: ~ ~ '~' ~ .c._ ~ ~ ~ 2? tit' ~ T v! G S S ~ n ~,e ,~ • • 100 ~ ~ G f' 7"~/ ~' a ~ 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: I T/~l ~ - / / ~) ~.,sXo( rTIQ ~o.- ~iroPert~,. T-I~ 1~ti 1~ ~ v~~ • 1 Motion made b' Seconded by _ Chair Signature enjoyment ~~~~ ~!Y ~V /~ r ~ vt ~"' c- nom' ~ 1n'T :;,~ Date '~/ ~ ~ /~c~. '~ ~ Voting Results -~~~ ~~~ DOP1728.DOC ZONIIVG BOARD OF ADJUSTMENT ~ ~ FORMAT FOR POSITIVE MOTION • Variance from Section 1 S, Ordinance Number ~ 638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) X minimum setback parking requirements (Section 9) • ' of the ordinance would result in and because a stnct enforcement of the provisions unnecessary hardship to this applicant and such that the spirit of this ordinance shall be observed and substantial justice done s" ~est xci-t~€e~lew~g-l~m~+~,~: • _ ~ ,. ~i Motion made b '~-~ Date Seconded Voting Results _~~~ Chair Signature YARP1638.DOC from the terms of this ordinance as it will not be contrary to the public interest, due to • ZONING BOARD OF ADJUSTMENT GUEST REGIST R DATE ~Z~ ~~ 6. 7. 8. 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