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Home My WebLink About11/05/2002 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment November 5, 2002 • CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Shelly, Richards, Birdwell, Rodgers & Alternate Allison. MEMBERS ABSENT: Chairman Hill. Alternates Goss & Whisenant (not needed). STAFF PRESENT: Staff Assistant Grace, Staff Planners Reeves & Hitchcock, City Attorney Robinson, Action Center Representative Kelly. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Acting Chairman Birdwell called the meeting to order and explained the functions of the Board. AGENDA ITEM NO. 2: Consider any absence request forms. Chairman Hill turned in an absent request. Mr. Lewis made the motion to approve and Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration, discussion and possible action on approval of meeting minutes from September 17, 2002. • Mr. Shelly made the motion to approve the minutes. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.4: Consideration, discussion and possible action on approval of meeting minutes from October 1, 2002. Mr. Lewis made the motion to approve the minutes. Mr. Sheffy seconded the motion which passed unopposed (5-0). AGENDA ITEM NO. S: Consideration, discussion and possible action on a rear setback variance at 3805 Bridle Trials, lot 3-R, block 2, Bridlegate Estates Subdivision. Applicant is Oakwood Homes. (02-208). Staff Planner Reeves stepped before the Board and presented the staff report. Ms. Reeves told the Board that the applicant is requesting the variance to legitimize an error made during construction. This case involves an error made by the builder in establishing the rear 20-foot setback. Therefore, the applicant is requesting an 18-feet 4-inch rear setback variance. As a special condition the applicant states that the concrete sub-contractor pushed the structure too far back, which created the encroachment. As a hardship the applicant states that if he were required to remove or rebuild the existing structure or • the part that encroaches, it would harm the structure or integrity of the design. The elevations would be unappealing to the public. ZBA Minutes November S, 2002 Page 1 of 3 Acting Chairman Birdwell opened the public hearing for those wanting to speak in favor of the request • Mr. Alton Ofczarzak, the applicant, stepped before the Board and was sworn in by Acting Chairman Birdwell. Mr. Ofczarzak explained to the Board how the concrete sub-contractor made the error. Mr. Ofczarzak ended by giving the Board a list of 3 homeowners that had no objections to the variance. With no one else stepping forward to speak in favor or opposition, Acting Chairman Birdwell closed the public hearing. Acting Chairman Birdwell made the motion to approve a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the encroachment is less than 10 sq. ft. out of 2100 sq. ft. in the back yard; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship of this applicant being: clouded title; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: variance is limited to 1-foot 8 inches. Mr. Lewis seconded the motion, which passed (4-1). Mr. Richards voting against granting the variance. AGENDA ITEM N0.6: Consideration, discussion and possible action on a side setback variance for 1403 Francis, portion of lot 1 and portion of lot 2, block B, Carter's Grove Subdivision. Applicant is John Beck. (02-210). Staff Planner Reeves stepped before the Board and presented the staff report. Ms. Reeves told the Board that the applicant is requesting the variance to expand the existing structure. This case involves • an existing structure that extends into the current side setback. The structure was built prior to the current College Station setback standards. The proposed home expansion would be flush with the existing sidewall of the home. This would result in the addition encroaching 2.5 feet into the current required setback; thus the applicant is requesting a 2.5-foot side setback variance. The applicant states as a special condition that the home was built before current setback requirements were in place. This property was annexed in 1958 and was platted in 1963. In 1940, the city adopted its first zoning ordinance, which required 5-foot side setbacks on interior residential lots. This property would have been subject to the 5-foot setback when it came into the city. The current standard of 7.5- feet was not adopted until 1972, then it was build in accordance with the regulations in place at the time. The applicant states no hardship and no alternatives. Acting Chairman Birdwell opened the public hearing. Mr. Beck, the homeowner, stepped before the Board and was sworn in by Acting Chairman Birdwell. Mr. Beck told the Board that what he is trying to do is expand the master bedroom back 10 feet to make it larger. Mr. Beck ended by telling the Board that the homeowner's on the side that the expansion would occur wrote a letter stating they are not opposed to the addition. With no one else stepping before the Board to speak in favor or opposition, Acting Chairman Birdwell closed the public hearing. ZBA Minutes November S, 2002 Page 2 of 3 Mr. Lewis made the motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: • existing home is already at 5- feet based on previous requirements in place at time of construction in 1967; and because a strict enforcement of the provisions of this ordinance would result in unnecessary hardship to this applicant being: unable to expand home in reasonable way; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 7: Consideration, discussion and possible action on future agenda items. Acting Chairman Birdwell asked that an item be added to discuss the volumous minutes that record what everybody says. He told the Board of a workshop he attended that the city gave. It was for Homeowners Associations and they explained the taking of minutes. Acting Chairman Birdwell told the Board that they were told the only thing that needs to be in minutes is the action taken. AGEND ITEM N0.8 Adjourn. The meeting was adjourned. ATTEST: • Deborah Grace, Staff Assistant APPR VED: - ~ ~' Leslie Hill, Chairman ZBA Minutes November 5, 2002 Page 3 of 3 ZQNING B0~4RD GF ~DJUST1t~IENT GUEST REGISTER MEETING DATE `~ G~~,t~~~ ~_~p0~ NAME ADDRESS 2. ,n z ~ ~~ ~L ~- ~,- ~ - 3. 4 5. 6. 7. 8. 9. 10 11 12 13 14. 15. 16. 17. 18. 19. 20. 21. 22. 23 24 25 ZONING BOARD OF ADJUS'T'MENT • 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) mirtiinuin 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: ~3C/~~~1 ~,~Lfpr ~~r"~.> ri/ ~~'~~~ ~G:.l~~~ X07 ~{.>>'z'l~f(~K/~'~~K,;~rrarh 7Li • ~ Ifs 7 and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~I G~ ~% ~ Gz / ~'' ~J°",GG~°G~' ~ ~7t~ ~`,? / rl~./sJ.~ ~ l{ 1~t2 ~ - and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: Motion made by Seconded by L~~,> 1 ~~ ~~~ Date I ~~ ~c~ ,~ _ Voting Results ~~ ~~ Chair Signature VARI'I G38. C ZONING BOARD OF ADJUS`I~T . 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) ~tllinirzlum 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: j/~~ ~~~~ ~' i~~`'~- ice- /,~~"5 '~~''`` /~' ~/~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: and such that the spirit of this ordinance shall be observed and substantial justice done sub`je~ct to the following limitations: Motion made by ~~~~/'~-;~~-,c-~~ f~ Date ~~~--- ~ -- ~~ Seconded by Voting Results ~~ Chair Signature VN2f'! 638. DOC • City of College Station Absence Request Form For Elected and Appointed Officers Name Leslie Hill Request Submitted on Date: Nov 5, 2002 I will not be in attendance at the meeting of Nov 5, 2002 for the reason(s) specified: Gate) • possible conflict of interest Leslie Hill Signature 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:counctiUabsenrey.doc