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Home My WebLink About02/03/2009 - Regular Minutes - Zoning Board of Adjustments• Cif' ~F Cc~~.I.FGF Sr~Ti4~ MINUTES Zoning Board of Adjustment February 3, 2009 CITY OF COLLEGE STATION, TEXAS City Hall Council Chambers 1101 Texas Avenue 6:00 P.M. .7 • MEMBERS PRESENT: Josh Benn, Rodney Hill, John Richards, Robert Brick and Melissa Cunningham. MEMBERS ABSENT: Jay Goss & Hunter Goodwin (Alternate). Not needed. STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Matt Robinson and Matthew Hilgemeier, Assistant Director of Planning and Development Services Lance Simms, Planning Administrator Molly Hitchcock, 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. Acting Chairman Josh Benn called the meeting to order at 6:00 PM. AGENDA ITEM N0.2:: Consideration, discussion and possible action of Absence Requests from meetings. Jay Goss called in before the meeting to say he would not make the meeting due to being ill. Mr. Richards motioned to approve his absence. Mr. Hill seconded the motion, which passed unopposed (4-0). AGENDA ITEM N0.3: Consideration, discussion and possible action to approve meeting minutes. January 6, 2009, Meeting Minutes. Mr. Richards motioned to approve the meeting minutes.. Mr. Hill seconded the motion, which passed unopposed (4-0). 3 AGENDA ITEM N0.4: Public hearing, presentation, possible action, and discussion on a • variance request to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards regarding the front setback requirement for 3907 Santour Court, Lot 17, Block 14, Edelweiss Gartens Phase 7. Case # 08-00500239 Staff Planner Matt Robinson presented the staff report and stated that the applicant is requesting to reduce the front setback on the southeast corner of the lot by approximately 4.5 feet deep by 7.8 feet wide; thus he is requesting a front setback variance of 4.5 feet to the required front setback of 25 feet. Mr. Brick arrived at the meeting. Acting Chairman Benn opened the public hearing. Those stepping forward to speak in favor of the variance were: Emanuel Glockzin, 6855 Glockzin Ranch Road, Bryan, Texas David Gwin, City of College Station Economic Development Those speaking before the Board were sworn in by Acting Chairman Benn. With no one speaking in opposition, the public hearing was closed. Ms. Cunnigham motioned to approve the variance to the setback variance from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: due to • the shape of the lot and unusual configuration of the cul-de-sac, the garage is slightly in the 25 foot building setback. Mr. Richards second the motion, which passed (4-1). Mr. Hill voting not to grant the variance. Agenda Items 5 and 6 have been reordered per the request of an applicant having traveled from Dallas. AGENDA ITEM NO. S: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 5.7 Design District Dimensional Standards regarding the minimum number of stories, and minimum Floor to Area Ratio for 601 University Drive. Case # 09-00500332 Staff Planner Matthew Hilgemeier presented the staff report and stated that the applicant is requesting the variance to expand their seating capacity by enlarging their existing lease space. The proposed addition is required to meet the current minimum standards for NG-1, which requires a minimum of two stories and a Floor Area Ratio of 1:1. Therefore, the applicant is asking for a variance to the minimum number of stories and Floor Ratio Requirements. Acting Chairman Benn opened the public hearing. Those speaking in favor ofthe variance were: Bert Keller, 2704 Westwood Main, Bryan, Texas • Jerry Skibell, Owner Bi11 Scarmardo, 3200 Crain Avenue, Bryan, Texas 4 Those stepping before the Board were sworn in by Acting Chairman Benn. • With no one speaking in opposition, the public hearing was closed. Mr. Richards motioned to not authorize a variance to the Design District Dimensional Standards and Floor to Area Ratio from the terms of the Ordinance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the Ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the Ordinance shall be observed and substantial justice done. Mr. Brick seconded the motion, which passed (4-0-1). Mr. Hill abstained from voting. AGENDA ITEM N0.6: 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 1600 Lawyer Street, Lot 6, Block 23, South Knoll Addition. Case # 08-00500312 Staff Planner Matt Robinson presented the staff report and stated that the applicant is proposing to subdivide the property into two lots, with both lots fronting Lawyer Street. The front and rear setbacks would then be taken from Lawyer Street instead of Caudill Street, as it is currently situated. The garage presently encroaches into the side setback by 2 feet 2 inches and with a change to the lot orientation, the garage would encroach further into the rear setback. A variance is needed in order to proceed with a replat of the property, which will require additional variances from the Planning and Zoning Commission. As such the applicant would like to reduce the proposed rear setback on the eastern side of the lot to 5 feet 3 inches; thus he is requesting a proposed rear setback variance of 14 feet 9 inches to . the required rear setback of 20 feet. Acting Chairman Benn opened the public hearing. Those speaking in favor of the variance were: Mike Gyllenband, Box 103, Haywood, Texas John Magruder, 221 Rugen, College Station, Texas Those speaking in opposition were: Mary Ellen Bell, 1406 Lawyer, College Station, Texas Charles Barr, 1508 Caudill, College Station, Texas Hugh Lindsey, 400 Walton, College Station, Texas David McCannon, 1506 Caudill, College Station, Texas Those stepping before the Board were sworn in by Acting Chairman Benn. Acting Chairman Benn closed the public hearing. Mr. Hill motioned to not authorize a variance to the minimum setback variance from the terms of the Ordinance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the Ordinance would not result in unnecessary hardship • to this applicant, and such that the spirit of the Ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 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. There were no items addressed. AGENDA ITEM NO. 8: Adjourn. The meeting was adjourned at 7:21. ATTEST: ~~ Deborah G osier, Staff Assistant • • 6 CITY OF COLLEGE STATION Planning e4' Development Services ZONING BOARD OF ADJUSTMENT , FORMAT FOR POSITIVE MOTION VARIANCE FROM SECTIONS Z-of the Unified Development Ordinance. I move to authorize a variance to the Yard (Article 5) ~. S 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 pecial conditions: G~ ~ o f an ~ vh us a.~Q ~ rc~irrY, ~~~ ~. • and because trict enforcement of the provisions of the Ordinance would result in unnecessary h dship to this applicant being• /I , and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: Motion made by • S h 1' Seconded by • Voting Results ~r ~~` ~ (1S~ • ~ Chair Signature Date I3 ~ c ~c~tv~~ Qcs~ CITY OF COLLEGE STATION planning d' Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE FROM SECTION ~ of the Unified Development Ordinance. I move to not 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 St dards (FAR) Floor to Area Ratio (Article 5.7) from the terms of the Ordinance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be obs~erv~efd~and substantial justice done. Motion made by ~ ~/~ , `'' "~ ~~ Seconded by ~~ ~~ C Voting Results. Chair Signature. ~~~ ~\ c~~ Date ~'3! t~9 r ~ ~~o0 1--o,v~~.e,~ • t CITY OF COLLEGE STATION Planning d Development Servicer ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE FROM SECTION of the Unified Development Ordinance. I move to not 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 be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. Motion made by Seconded Voting ResultsJ~ Chair Signature Date 2 ~3 ~ c7 `~ ZONING BOARD OFADfUSTMENT GUEST REGISTER MEETING DATE February ~y 2009 NAME ADDRESS 1. B~,Q.> /lE~c~,~ ~~o ~/ W~~w~o D ,~,A,,u 6~i~N 3. lG ~U ~r, ~ r ~ a Y1 ~~~~ ~ 5. V o ~ / ~ i4- 2~t ~JP72- ~ Z l ~ C~ ~ ~ . S 7. 1~ i ~ Y~ ~ ~ ~ O~ L.Q k1 ~ `' Y C. S S. 9. •10 12. 13. 14. 15. 16. 17. 18. 19. 20. Z1. 22. 23. •24. 25.