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Home My WebLink About12/02/2008 - Regular Minutes - Zoning Board of Adjustments• ~~ CITY OF COI.I.F.,GE STATION MINUTES Zoning Board of Adjustment December 2, 2008 CITY OF COLLEGE STATION, TEXAS City Hall Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, Josh Benn, Rodney Hill, Hunter Goodwin and Melissa Cunningham. MEMBERS ABSENT: John Richards. STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Senior Planner Jennifer Prochazka, • Staff Planner Matt Robinson, Assistant City Attorney Mary Ann Powell, and Action Center Representative Kerry Mullins. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:00 PM. AGENDA ITEM N0.2: Consideration, discussion and possible action of absence requests. No requests submitted. AGENDA ITEM N0.3.: Discussion of requested Administrative Adjustments. Lots 3-1 through 3-13, Block 3, Crescent Pointe Subdivision Phase 4. Case # 08-00500294. APPROVED 1600 George Bush East. Case # 08-0050090 APPROVED. 3030 University Drive. Case # 08-00500143 APPROVED. 1815 Brothers Boulevard. Case # 08-00500289 APPROVED. There were no discussions concerning the cases. AGENDA ITEM NO. 4: Consideration, discussion and possible action to approve meeting .minutes. There were no minutes submitted for approval. AGENDA ITEM NO. S: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 5.2 Residential Dimensional ~tandards regarding the front setback requirements for 3907 Santour Court, Lot 17, Block 14 Edelweiss Gartens Phase 7. Case # 08-00500239. This item was pulled by the applicant. AGENDA ITEM NO. 6: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards regarding the rear setback requirement for 400 Fairview Avenue, Lot 1, Block 5 College Park. Case # 08-00500290. Staff Planner Matt Robinson presented the staff report and told the Board the applicant is requesting the variance in order to build a garage at the rear of the property approximately 7 feet off the rear property line. The proposed garage would take access to Kerry Street. The applicant would like to reduce the rear setback by approximately 13 feet; thus they are requesting a rear setback variance of 13 feet to the required rear setback of 20 feet. Chairman Goss opened the public hearing. Stepping forward to speak in favor of the variance was: Fred Dupriest, 400 Fairview, College Station, TX. Mr. Dupriest was sworn in by Chairman Goss. ~hairman Goss closed the public hearing. Mr. Hill motioned to authorize a variance to the minimum setback requirements from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: unusually small lot size with 20 foot setback; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: there is not enough lot space to build a garage because of all the setbacks; and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: a rear setback of 13 feet into the required rear setback of 20 feet. Ms. Cunnigham seconded the motion, which passed unopposed (5- 0) AGENDA ITEM NO. 7: Public hearing, presentation, possible action and discussion on a variance requests to the Unified Development Ordinance, Section 5.6.B.6 Off-Street Parking Standards regarding the parking setback requirement and Section 5.7 Design District Dimensional Standards regarding the minimum Floor to Area Ratio requirement for 201 Tauber Street, Lots 1 and 3, Block 5 of the Tauber Subdivision. Case # 08-00500-293 Senior Planner Jennifer Prochazka presented the staff report and told the Board that staff recommends approval of the variance request made by Wesley Foundation with the condition that the variances are granted solely for the purpose of allowing the subject property to recapture 15 parking spaces which were lost because of the Church Avenue rehabilitation project. The applicant has requested that both the required 200 foot parking setback for properties on Church Avenue and the required minimum Floor •to Area Ratio not apply in this instance. Chairman Goss opened the public hearing. Stepping forward to speak in favor of the variance were: Chuck Ellison, Officer of the Court. Max Merta, 1400 Skrivenek, College Station, TX. Will McCollum, 4317 Maywood, Bryan, TX. .All speaking in before the Board, with the exception of Chuck Ellison, were sworn in by Chairman Goss. Mr. Benn motioned to authorize a variance to the parking requirements from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: the lot length; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: lack of adequate parking and agreement between city and applicant; and such that the spirit of the Ordinance shall be observed and substantial justice done subject to the following limitations: 21 additional parking spaces and any future improvements or any building addition will require the site come into full compliance with all applicable sections of the Unified Development Ordinance except for the 21 extra parking spaces. Mr. Hill seconded the motion, which passed unopposed (5-0). .ATTEST: . \~~ orah Grace-R 'er, Staff Assistant • • ~~ CITY OF COLLEGE STATION planning d Dcvelopment Scrvica ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM SECTION of the Unified Development Ordinance. I move to authorize a variance to the Yard (Article 5) Lot Width (Article 5) Lot Depth (Article 5) Height (Article 5) Minimum Setback (Article 5) Residential &Non-Residential Dimensional Standards (Article 5, Sections 5.2 &~!4) ~ king Requirements (Article 7) Design District Dimensional Standards (FAR) Floor to Area atio,, l~ (Article 5.7) ~ A~-yu ~Zt,~. from the terms of the Ordinance as it will not be contrary toothy u lic in rest, due to the followin special Condit ons:~ Gff `~N''r~'~`~ ~;/I~¢Z_ •-~- AS -T and because a strict enforcement of the provisions of the Ordinance would result in unnecessary har `i to tl~s applicant ~~ g: ~ -~- , and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the fol wing limitations: / r/r! ~ c ..~ ,l' ~.! ~ v r Q f~~ r ~~t rr~i~,~'il~ ~tr~/II ~Qi~..r+/t ~ Cr,~ ~ /'.r,.~ .n,/e~ ~t..~l ~rn.,o~,~~L cdr~ 4(( a ~~cs~ Motion made by Seconded by Voting Results Chair Signature f~.fr~s ~ ~0 ~ ~~~~ Z~ Q~iLA ~~ ~~~~~~ J~~E~..~J CITY OF COLLEGE STATION Planning d Development Service ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM SECTION of the Unified Development Ordinance. I move to authorize a variance to the Yard (Article 5) Lot Width (Article 5) Lot Depth (Article 5) Height (Article 5) Minimum Setback (Article 5) Residential &Non-Residential Dimensional Standards (Article 5, Sections 5.2 & 5.4) Parking Requirements (Article 7) Design District Dimensional Standards (FAR) Floor to Area Ratio • (Article 5.7) from the terms of the Ordinance as it will not be contrary to the public interest, due to the following. special conditions: ~/ ~ /J _/ ' N (~T 0 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 ~t/N~ N Voting Results_~ ~ ~~ Chair Signature I Date ~Z-/2~(~ 8 • and because a strict enforcement of the provisions of the Ordinance would result in nnnar~ecarv harrlchir~ to this ar-r~lirant hPino.• / /~ • ZONING BOARD OFADfUSTM~NT GUEST RE'GISTE'R MEETING DATE: December 2, 2008 NAME ADDRESS _- I 1 1~I~C~ -r V1~r~e~ I ~~~c5-7 ~t~0 ~~1 ryle~ G5 2. m~~h~ ~ ~ ~ -~ dam ~ ~ l ~ ~~,~ ~~ ~~~CS 3.:~~ " rz~z ,v `'' 7DD ~t/I,4 ~ ~~s r~~, 132 yA,t,' 4. ~ /(~ ~1/~~ ~~~ 7 /`~ ~rt~L'1CtD~~ o~ 7~~b 1 5. 1~JD~J~ 7 l ~i ~~ 6. `- i~ •11. ~7~i/~c'a'~, / gJ~o~n~ l ~~ ~ ~~~~~^M.~~ ~,(Jl C 5 ~~ 14. // ~ ~it+~j° ~~E2~C~%~~ ~~ ~ ~ 7 ~ pS~ D 15. ~~°/'7 ~~ ~'/VI`~ e yG(i S~K-?tiweS7' Prw~, ~~t~3 3 17. 18. 19. 20. y ~b ( Cam- ~ ~ ~ ~~-~ 2-~~y ~~,~,~ -. ~ S ~a//~~ 5~~~,0~ ~ ~~ 21. ~ Ua ~ i e ~ ~ ~fi-tA~W c~ 2z. 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