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HomeMy WebLinkAbout01/04/2005 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment January 4, 2005 • CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Ward Wells, Graham Sheffy & Alternate Joshua Benn. Alternate Donald Braune was in the audience. MEMBERS ABSENT: Jay Goss. STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner Jennifer Prochazka, City Attorney Carla Robinson, Action Center Representatives Kim Voitier & Bryan Cook. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM N0.2: Oath of Office and Statement of Appointed Officer -Graham Sheffy. Staff Assistant Grace administered the Oath of Office and Statement of Appointed Officer to reappointed Board Member Graham Sheffy. AGENDA ITEM N0.3: Consideration, discussion and possible action of absence requests. Jay Goss submitted an absence request. Mr. Goss stated that the applicant is a client and it would therefore be a conflict of interest. Mr. Richards made the motion to approve the request. Mr. Sheffy seconded the motion, which passed unopposed (S-0). AGENDA ITEM N0.4: Consideration, discussion and possible action to approve meeting minutes from August 3, 2004. Mr. Sheffy made the motion to approve the minutes. Mr. Wells seconded the motion, which passed unopposed (S-0). AGENDA ITEM NO. S: Public hearing, presentation, consideration, discussion and possible action to approve a variance for 1509 Fairhaven Cove, Lot 8, Block 1, Fairhaven Cove Subdivision. The applicant is Sunset Homes. Staff Planner Prochazka presented the staff report and told the Board that the applicant is requesting the variances to allow for the construction of asingle-family home that will encroach into the required rear and front setbacks. • Ms. Prochazka went on to say that, the majority of the small subdivision was developed before the property was annexed into the city limits. The deed restrictions placed on the property prior to annexation allowed fora 10-foot rear setback. The applicant would like to construct a house • approximately 10-feet from the rear property line and 20-feet from the front property line. The required rear setback for Single-Family Residential is 20-feet and the required front setback is 25-feet. Therefore, the applicant is requesting a 10-foot variance to the required rear setback and a 5-foot setback to the required front setback. As a special condition the applicant states: "for the construction of asingle-family dwelling (single story) consistent with the surrounding homes that have been built prior to the annexation. This variance will maintain continuity on this street." As a hardship the applicant states: "Upon annexation the required setbacks for R-1 exceed what has been accepted from the Architectural Control Committee for the surrounding homes in this area prior to the annexation." As an alternate the applicant states: "Build a -two story home, however this option would not be consistent with the area which is a retirement community of age-qualified occupants of 50 years of age or older. The other homes are single-story." Another alternative is to reduce the total square footage of the proposed home. Mr. Wells went on record to say that he is President of the Home Owners Association in Nantucket and he has no association with the homebuilder or owner. • Chairman Hill asked Mr. Wells if he would have any conflict of interest. Mr. Wells responded no. Chairman Hill opened the public hearing. Matt Davenport, Sunset Homes, stepped before the Board and was sworn in by Chairman Hill. Mr. Davenport spoke in favor of the variance requests. Mr. Richards stated that he measured the surrounding homes from the curb and they are setting at 30 feet and one or two could be setting at 40 feet from the curb. He added that it would disrupt the continuity of the neighborhood to change one to 20 feet from the curb. Mr. Wells stated that there seems to be a discrepancy between the property line and the curb. Ms. Prochazka stated this being a private street the curb and the property lines are one in the same. Mr. Sheffy asked if there was a minimum square footage set for homes in that subdivision. Mr. Davenport replied there is not any that he was aware of. He added that if they were to size a house to fit the lot it would have to be a 900 sq. ft home or build atwo-story house and that is not an option for the owner. Dan Wood, property owner's son, stepped before the Board and was sworn in by Chairman Hill. Mr. Wood spoke in favor of the request. • Mr. Richards asked Mr. Wood to explain how the variance process transpired. Mr. Wood explained that he bought the lot from Phyllis and Joe Hobson. He was told at that time that a variance had recently been given to the house next door and they would hopefully not have any major problems • building a reasonably size house there. Mr. Wood stated that he understand the Board is not to consider personal reasons but his mother is 81 years old and a two story home is not feasible. A two story home would also not be consistent with the other homes in the neighborhood. Joe Hobson, Land Agent, stepped before the Board and was sworn in by Chairman Hill. Mr. Hobson spoke in favor of the requests. All speaking in opposition were sworn in by Chairman Hill: Brenda Watson stated she is not as concerned about the rear variance as he is about the front. Pat Kultgen stated that she did not oppose the rear setback variance. Charles Slisher voiced concerns with traffic and damage to the private street. Olive Paden stated she has no objection to the variance in the back but she does oppose the one in the front. Dan Wood stepped back before the Board and stated that he is sympathetic with everyone's personal concerns. He stated that he would landscape the lot to be pleasing to look at. As far as the street damage, he stated he is willing to sign a contract stating that he would repair any damage that occurs • during construction. Pat Kultgen stepped back before the Board. She asked what the size of the proposed home is. Mr. Wood responded it was 1400 sq. ft. Brenda Watson stepped back before the Board and stated that her big concern it is the view and the closing in of the houses. Chairman Hill closed the public hearing. Mr. Richards made the motion to deny both variances to the minimum setback from the terms of this ordinance as it will be contrary to public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance will not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. Mr. Sheffy seconded the motion. Chairman Hill stated that three of the four residents that spoke were in opposition to the front setback variance, but would not be opposed to the rear setback variance. On that basis, he strongly opposes granting the front setback variance. However, he does not see any reason to deny the rear setback variance request. Mr. Sheffy stated he could offer an amendment. • Mr. Richards stated that he did not want to amend his motion. If the Board does not deny the front setback variance that implies someone wants to move it back. In addition, if someone wants to move it back that reduces size of the house. Mr. Wells stated that he had to disagree with that. He is not in opposition to the back variance because that is the community standard. He would have to vote against the motion. Josh Benn stated he also agreed with Mr. Wells. Mr. Benn made the motion to divide the question. Mr. Sheffy seconded the motion, which passed (4-1). Mr. Richards voting against dividing the question. Chairman Hill called for the vote to deny the front setback variance. The Board voted (5-0). The motion to deny the front setback variance failed. The front setback variance is denied. Chairman Hill called for the vote to deny the rear setback variance. Mr. Wells stated that the request is in keeping with the community standard on that block. The Board voted (5-0). The motion to deny the rear setback variance failed. The rear setback variance is denied. Mr. Wells made the motion to authorize a variance to the minimum setbacks from the terms of this ordinance as is will not be contrary to the public interest, due to the following special conditions: the majority of this small subdivision was developed before the property was annexed into the city limits. The deed restrictions placed on the property prior to annexation allowed fora 10-foot rear setback; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the required setbacks for R-1 exceed setback set by the deed restrictions and would severely limit a reasonable square footage for the proposed dwelling; and such that the spirit of • this ordinance shall be observed and substantial justice done subject to the following limitations: grant a request for 10-foot variance to the required rear setback and to maintain the front setback of 25-feet. Mr. Benn seconded the motion. Mr. Richards stated his concern is the size of the house in relation to the other houses in the neighborhood. It is a neighborhood integrity question. Chairman Hill stated that the reality is that it is a small lot and the owner has the right to take the lot and build a house that fits within whatever buildable area they have by ordinance and variance. Mr. Wells stated that the intent of his motion is that it will allow the maximum amount of buildable area for asingle-story home. Mr. Benn stated that granting of the rear variance allows the builder to build a little bit bigger home. Chairman Hill stated that landowner has the right to build on his lot. Chairman Hill called for the vote to grant the 10 foot variance to the rear setback. The Board voted (3-2). Mr. Richards and Mr. Sheffy voting against granting the variance. The variance is denied. • AGENDA ITEM N0.6: Discussion of Administrative Adjustments approved by City Staff. 12900 Old Wellborn Road (04-197) 306 Onyx (04-218) Staff Planner Prochazka briefed the Board on the adjustments given. AGENDA ITEM N0.7: Consideration and possible action on future agenda items - A Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. No items were discussed. AGENDA ITEM N0.8: Adjourn. The meeting was adjourned. ATTEST: Deborah Grace, Staff stant AP-Q~~ED• ~ Leslie Hill, Chairman • i CITY OF COLLEGE STATION Planning er Development Services Absence Request Form For Elected and Appointed Officers Name `a" ~~ fitted on Date: L~ Rc~ucst Suym • I will not be in attendance at the meeting of cJ ~ '7 ~ d D for the reason(s) specified: (Date) t x._ ccr~ ~-~,,~,.¢ i s c~ C[~r Q,,vf- cam( (~.¢ i s ignature This request shall be submitted to Deborah Grace one week prior to meeting date. Fax 764-3496. City of College Station, 1101 Texas Avenue, College Station, Texas 77840 Attn: Deborah Grace o:council/absenreq.doc u ZONING B OARD OF ADJUSTMENT 1. Oz 2. ~ '~ ~o~ 3. ~ 1 I v2 1''~ ~J 4. G~ v~ ~~ NAME 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25. ~ 1 ~ ,~ l C_C.~ 5 I ~ ~-~ ~ r' ~t~2 ~ ~' tl ~ I ~~ ~~., ~ h~~ Gv . GS GUEST REGISTER MEETING DATE OO AD S ZONING BOARD OF ADJUSTNIII~I' • FORMAT FOR POSITIVE MOTION Variance from 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 parking recn~irements (Section 9) • from the terms of this ordinance as it will not be contrary to the public irate est, d}~e to the follo//llwing speci cond~~i^tions: ~ ~a/'d~~--.;-~`f - ~ ~1 ~SrDn~1 5vf~~~v~~~a~ ~„/aS d"~iY~ ~tct~r.~ j~ ro .~! ,G/tis' cz.~v,rJeJC.a.~ 4..Tc ~ c~~- m ~' . Ltc ~aa r/ ivies p a. o,~ OD ~-r~.ar 7 ~ rio/' 6 and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: / ri(~QitLf' Ca:~~~l/OK~i~cl~~ //r~~2 /'ea.d'ov, • and such that the spirit of this ordinance shall be observed and substantial justice done subject to tine following limitations: Chair Signature S~PF~'y aH~ ~,c~Gr~s v~~~: n~ g9~,Hs~ V~,6~8.~ Motion made by ~~.'1~ ~iJ~'~-~ Date ~ Za~~ ~ Seconded by T7n v.r~ Voting Results j -.Z