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HomeMy WebLinkAbout06/01/2004 - Regular Agenda Packet - Zoning Board of AdjustmentsAgenda College Station Zoning Board of Adjustment City Hall Council Chambers Tuesday, June 1, 2004 College Station - 1101 Texas Avenue Embracing the Past, Exploring the Future 6:00 p.m. Call to order - Explanation of functions of the Board. 2. Consideration, discussion and possible action of absence request from meeting. 3. Consideration, discussion and possible action to approve meeting minutes from May 4, 2004. 4. Public hearing, consideration, discussion and possible action to approve variances for Richards Subdivision, block 2 (Corner of Sterling Street and Crest Street). Applicant is Shabeer Jaffar. (04-77 MH) 5. Public hearing, consideration, discussion and possible action to approve a variance for 2100 Texas Avenue South, lot 2, Kapchinski Hill Subdivision. Applicant is Wakefield Sign Service for Target Corporation. (04-105 JR) 6. Discussion of Administrative Adjustments approved by city staff. No adjustments given 7. Consideration and possible action on future agenda items - A Zoning Board 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. 8. Adjourn. Consultation with Attorney {Gov't Code Section. 551.071: possible action. The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. MINUTES Zoning Board of Adjustment May 4, 2004 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Rodger Lewis, Graham Sheffy & Ward Wells MEMBERS ABSENT: Alternates Jay Goss & John Fedora (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner's Jennifer Prochazka & Molly Hitchcock, City Attorney Carla Robinson, Action Center Representative Regina Kelly. AGENDA ITEM NO. 1: Call to order - Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consider any absence request forms. No requests were submitted. AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting minutes from April 6, 2004. Mr. Sheffy made the motion to approve the minutes. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Public hearing, consideration, discussion and possible action to approve variances at block 2, Richards Subdivision (corner of Sterling Street and Crest Street). Applicant is Shabeer Jaffar. (04-77). This item was pulled from this meeting by the applicant. AGENDA ITEM NO. 5: Pubic hearing, consideration, discussion and possible action to approve variances at 822 Avenue B, lot 4, block 2, Lloyd Smith Subdivision. Applicant is The City of College Station Community Development Office. (04-96). Staff Planner Molly Hitchcock presented the staff report and told the Board that the applicant is requesting the variances for the construction of a new home. A deteriorated residential structure sits on the subject property. Community Development would like to help the owner demolish the existing structure and build a new one. The house planned for this lot will encroach into the required side setbacks. The house will be five feet from both side property lines; thus, the applicant is requesting variances of 2.5-feet to both side setbacks to allow for the construction of the new house. ZBA Minutes May 4, 2004 Page I of 3 The Lloyd Smith Subdivision, where the subject property is located, is one of the original neighborhoods in College Station. Platted before the city had subdivision regulations that dictated the size of a lot, the property and those surrounding it do not meet today's minimum lot width standards. is Currently, structural encroachments into setbacks exist on the site. The applicant has stated that the narrow lot width reduces the buildable area of the lot. As alternatives to the variances, the applicant has stated that the city can: 1. Construct a narrow house that will result in cramped interior living space, or 2. Deny the owners assistance to redevelop. Chairman Hill opened the public hearing for those wanting to speak in favor of the request. Eric Barton, Housing Programs Coordinator for the COCS Community Development Office, stepped forward and was sworn in by Chairman Hill. Mr. Barton spoke in favor of the request. Mr. Barton told the Board that the concern of two structures being too close to each other came up at the last meeting he was at and since then has talked to Lance Simms the Building Official and he had some information to give the Board. In the City's Ordinance # 27.13 recently amended on March 25, 2004 it states that "exterior walls with a fire separation distance of less than 3-feet shall have not less than 1-hour fire resistive rating with exposure from both sides. The provision shall not apply to walls which are perpendicular to the line used to determine the fire separation distance." With on one else stepping forward to speak concerning this case Chairman Hill closed the public hearing. Mr. Sheffy 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: the lot was platted before the city had subdivision regulations that dictated the size of a lot by today's standards and this variance would cause no hardship and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: that the current house could not be destroyed and a new on built that would basically help the standards of this neighborhood; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: side setback variances of 2.5-feet on each side. Mr. Richards seconded the motion. Mr. Lewis stated that he is going to support granting the variances but he wanted to state that this could have been solved by conveying 5-feet from the adjoining lot which belongs to the applicants' grandmother. Chairman Hill stated that he also favored the variances. The home is in definite need of replacement. Chairman Hill called for the vote. The Board voted (5-0). The variances are approved. AGENDA ITEM NO. 6: Discussion of Administrative Adjustments approved by City Staff. • No adjustments given. ZBA Minutes May 4, 2004 Page 2 of 3 AGENDA ITEM NO. 6: 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. Mr. Richards asked that the 200-foot notification area be looked at. Mr. Wells asked that staff give the intent and the basis why it is set at 200-feet. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant 0 • ZBA Minutes May 4, 2004 Page 3 of 3 • • • Project Manager: Molly Hitchcock Email: mhitchcock@cstx.gov APPLICANT: Shabeer Jaffar STAFF REPORT REQUEST: Setback variances ZBA Meeting Date: June 1, 2004 LOCATION: The northwest corner of Crest and Sterling streets, on Block 2 of the Richards Subdivision PURPOSE: For new single family construction GENERAL INFORMATION Status of Applicant: Property owner Applicable Ordinance Section: Section 5.2 Residential Dimensional Standards Zoning and Land Use: The subject property is undeveloped R-1 Single Family Residential surrounded by developed R-1 Single Family Residential. Frontage: Approximately 40 feet along Sterling and 100 feet along Crest Access: Is allowable from either Sterling or Crest Topography & Vegetation: Relatively flat, though above street level, with several trees Flood Plain: None PHYSICAL CHARACTERISTICS VARIANCE INFORMATION Minimums Required: According to the Unified development Ordinance, the minimum side setback is 7.5 feet and side street setback is 15 feet. Requested: 3.5-ft. side setback and 9-ft. side street setback Case Overview: Because of right-of-way acquisition for Crest Street in 1981, the property does not meet the minimum lot width of 50 feet for an R-1 Single Family lot; but it is allowed to pursue single family development: Any lot made non-conforming solely by means of area dedicated, condemned, sold, or otherwise conveyed for public O:\group\deve s=4&frpt\egstfeptWonda.doe right-of-way shall be allowed to pursue any allowed use as if such area were a part of the remaining lot, except that all applicable setbacks shall be adhered to. (UDO Section 9.4.D) As is true for any property in the City, variances based upon a special condition and resulting in a hardship may be requested and considered for the property. A single family home is planned for this property that will encroach into the side and side street setbacks. The applicant is requesting a variance of 4 feet to the side setback and 6 feet to the side street setback to allow for the new construction. ANALYSIS Special Conditions: The applicant offers a small lot size as a special condition. The property was platted in the Richards Subdivision in 1948. It was replatted in 1977, establishing the southwest property line. In 1981, the northeast property line was pushed back when the new right-of-way line for Crest Street was set; thus reducing the width of the lot. Hardships: With the reduced buildable area, the applicant has stated that it is too small for a house to be built within current setback requirements. Alternatives: An altemative to the setback variances is to build a house that • would be 17.54-19.08-feet wide. SPECIAL INFORMATION Ordinance Intent: Lot dimension and area requirements control the density of development. Building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. Number of Property Owners Notified: 17 Responses Received: The adjoining property owner objects to the granting of variances for the subject property. ATTACHMENTS Location Map Application Site Plan is O:\group\deve see stfrpt\zngstfrpt\tionda.doc ~0ILEGE STATION ZONING BOARD OF FOR OFFICE USE ONLY CASE NO.: Al-T7 DATE SUBMITTED: ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: Filing Fee of $150.00. Application completed in full. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials required. Date of Preapplication Conference: APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name ba bee r- ix C cf' Street Address 'P- D - s D ,Y,- 313 City Col n o Q:6-k a in State a_ Zip Code 1 1$ 4 1 E-Mail Address Phone Number _ 9:7!1_ A80-017 Fax Number OOPERTY OWNER'S INFORMATION: Name S ti a b r- Sa CC Street Address S a M al have City State Zip Code Phone Number E-Mail Address LOCATION OF PROPERTY: Fax Number Address COr,n e r ~ S }er LI ka C-* ree+ rC ss4ree-I- Lot Block Subdivision S' C_ba rJ S Su 6 S i o r► Description if there is no Lot, Block and Subdivision Action Requested: (Circle One) Setback Varianc Appeal of Zoning Official's Interpretation Parking Variance Special Exception V4- Sign Variance Other C.\- lr.ir3~ac~A `o~ urrent Zoning of Subject Property: S; r L v plicable Ordinance Section: ZBA - General Variance.doc 7/2/2003 1 of 2 0 GENERAL VARIANCE REQUEST The following specific variation from the ordinance is requested: This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. o 1 `E1-.P- k ~-aa Sma P.} 1nit a Cp S i nt o :Yd ~ C - - - - I - - - - - I ' The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hardship is/are: dship Definition: The inability to make reasonable use of the property in accord with the literal 40F,zirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. The following alternatives to the requested variance are possible: Ilia Le Is n a pro w 4'h oo t A a m 4-k This variance will not be contrary to the public interest by virtue of the following facts: The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct and complete. • Signature and Title Shakep/ Ta ffy- ow,+ef ZBA - General Variance.doc 7/2/2003 3 2 e Date 2 of 2 1 00 J T U O O U / m i m 1 ti ~/C ~ b _ 'w Z b T N - Sr a v ma <7 m C M -j m < X C% 1 J ~ Cf) D a y O S ~ o r _ C) T V ~S m T m m m a o ~l i ^10 N ~ ~ v a~ y 2 o ~ a 0-0 ~ .a r a N >x Z 'fti ~d ~'~J a C) D ;u MO c $ a 20 d b O 9 moo co) r N ~ t l,~,op ~i 3 n ~ ol> a 0 u l t a ~ ti m _ r N Q U t a a Y = ~ Np~ld~ , ~d b ~ Y ~ Y L~ Y{,~ Y~ a U b V Y 8 d^ Y O - ~ ti = Ow N ti ~ O U Y 5, $ ll ~ Sr eu~ . q cr ~a a " a A~ b ~ c ti , Y `b/J + ti w a U - do ~yCp~ y~ T \ J O m Z ti N WO in R U OZ N H In Z a a om V zNz m zFXp~ y~ ZN V) laJ V~,~.a K7mna }5~n ZujOOa0ON~vI I~Na NUO J V ? N A ~r~sc c rcr pSO z aa~N~a u!60-9 213 ~OZp^ _A~~ ~W w ~a NOacr 20 W 8 ~W O~cr-ON a~u U Z U n O W ~ N w w F Pi =$U J O w =f O O r fD _ ~ _ W(7~ W W C! Z O < o ~ 03 N SOVZ~ O~~cgtr) O Z O. Lei al oi*nN ~(1 * W ~ 11 if NCO 0 N U A 11 O~ 7 N KO.JF -10 gr,WgZU ~O CL O U<6~ CL F z CCy<W~~, WL K \ N10 5 Vo. G~ cf e~ / / Wo\ or 441 151 Z$M \ v / mw c v °r ~ sr 8 ~a ~ \ Os (A b o \i o N~ Nn ~ ~V 0 0~ ~ \ 8 Yso ~ . N o \ \ ga ~8 CIO \ g STAFF REPORT • Project Manager: Jennifer Reeves Date: 05-18-04 Email: jreeves@cstx.gov ZBA Meeting Date: 06-01-04 APPLICANT: Grant Barnby, Wakefield Sign Service REQUEST: Sign Variance LOCATION: 2100 Texas Avenue South PURPOSE: To allow an attached sign to protrude more than 12" away from the building. GENERAL INFORMATION Status of Applicant: Sign contractor Property Owner: Target Corporation • Applicable Ordinance Section. (Section 7.4.1.6.d of the (UDO) Unified Development Ordinance) An attached sign: "Shall not extend more than one foot from any exterior building face, mansard, awning, or canopy." PHYSICAL CHARACTERISTICS Zoning and Land Use Subject Property: C-1 General Commercial North: C-1 General Commercial West: R-6 High Density Multi-Family East: R-1 Single Family South: C-1 General Commercial and R-4 Multi-Family Frontage: Approximately 655-feet of frontage along Texas Avenue. Access: Two driveways are located on Texas Avenue and one located on Holleman Drive. Topography 8t Vegetation: Relatively flat. Flood Plain: N/A VARIANCE INFORMATION ANALYSIS • o:\group\deve serlstfrpt\zngstfrpt\honda.doc Item Background: The applicant is requesting a variance to : Section 7.4.1.6.d of the (UDO) Unified Development Ordinance in order to allow the proposed attached "Target" sign to extend 5-feet away from the building facade, thus the applicant is requesting a 4-foot variance. Special Conditions: Applicant did not state a special condition. Hardships: The applicant states: Due to architectural elements on the building, the "Target" letters project more than 12-inches from the building. Alternatives: The applicant states: The sign can be placed on alternative locations on the wall. SPECIAL INFORMATION Ordinance Intent: To establish clear and unambiguous regulations pertaining to signs in the City of College Station and to promote an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and communicate information. Number of Property Owners Notified: 14 Responses Received: None as of the date of the staff report. • ATTACHMENTS Location Map Application Sign Description O:\group\deve serlst&pt\zngstfrptVionda.doc I (Ifxtf ()LIEGE STATION FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: Filing Fee of $150.00. Application completed in full. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials reauired_ Date of Preapplication Conference: APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Street Address State -rx- Zip Code 'x`704 U 1.~ 5o2.v icy I!L • City Cif E-Mail Address waike ; e/d a_ 4n* . H•cf P hone Number "76w-l. 5 g -Ir 0 PROPERTY OWNER'S INFORMATION: Name _Tftt2d,Er- Go, Fax Number _-76,q. 4i ~f9 &VAJ Street Address l4Y~ /J(G0L6 7-r 1-7444-- .City H114"a0A pe «r State M/-1 Zip Code / E-Mail Address __T1, /1. & 7z,- ~ Goan Phone Number &/2-. '7&1. 1444. Fax Number &/.I • -7 • 3 2x1$ LOCATION OF PROPERTY: Address L1047 7-AC K.45' A yAi5 , $D &Ar" J4 Lot Block f~ Subdivision ;QEP4►-r Ae0tP4M1 vs„Ci h4 i(L_ Description if there is no Lot, Block and Subdivision T rz~~-r ST01~ 614C-7-f fbyp 7,5oa,1pr AT"7"flt.,~,~D Action Requested: (Circle One) Setback Variance - Appeal of Zoning Official's Interpretation Parking Variance Special Exception Ign Variance Other Wnt Zoning of Subject Property: G of Applicable Ordinance Section: -7. 51 . I of 3 • GENERAL VARIANCE REQUEST The following specific variation from the ordinance is requested: Al. S. (yol - ?ejEZ4 0,,C Trply ~L(J~ivf~ FAe_'AP'F- To A~oi.J -7yr2~ s"~ l.S/LS T~ /'3i~ !'~I~yu r This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. p Y '1"/~ND 111d /-~101'et 771-A-.1-1 771-A-.1-1 l2- IJF~ TAW ~E OLt - - unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hardship re: Hardship Definition: The inability to make reasonable use of the property in accord with the requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, compared to neighboring properties. y- w w literal when S/ls"s' GttN 13d: A[~r A DW A9 'tVO e4-rr' L e-#-r7 V S okt 77r6 ,~4l100izo V40 0*t / This variance will not be contrary to the public interest by virtue of the following facts: 7v 7-*~r G/ . lLL ~O~- /~t/'oS~ !ham 1i .S~F~T~-, ! tsyif t D.~F 'f7~'~ f~d~IL~G /►.100 G✓~ci /~,t~~~ .sue, ,1~..~ -F / / *applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct and complete. 2 of 3; -~~:~f1r~r " L,~r• Pr~..t~~ r M o.t.~ ~'t-fries ~ z l~oy The following alternatives to the requested variance are possible: gnature and Title Date WA 11 6-A KERELD SIGN SERVICE COLLEGE TATION, TRIVE 7840 • • 3of3 ` o Z -00 11 .~~F '..r 'Eb 0 v m Xrt ti a m o , ~ y 1009 101 N3 I- U D ,~y + - 37 D \ a ' Cab \ ~ ~ = 1 ~ \b z % a _ N ~13R- z ti ~ o k4Q w \ ti \ \ ~V ~ ~ A Cry ~ ~ \ ti' ~4! o ~ 'gyp 'per v A Of O Q 11 \ a \i a a . ~ e\ ~ D 'p ~DOO ~tiL C\C1 a lO Tg9~G ~ j a T 'l'am O~ l D N ms's z V 6`~t , VtiCb _ _ T ~ 1 U . 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