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Home My WebLink About03/03/2009 - Regular Minutes - Zoning Board of Adjustments• ,~. ~i'I'1~' C.~~ ~(7LLFCF $~"A'~ipN MINUTES Zoning Board of Adjustment March 3, 2009 CITY OF COLLEGE STATION, TEXAS City Hall Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Jay Goss, Rodney Hill, John Richards, Robert Brick and Alternate Hunter Goodwin. MEMBERS ABSENT: Josh Benn and Alternate Melissa Cunningham (not needed). STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Matt Robinson, • Matthew Hilgemeier and Lauren Hovde, Assistant Director of Planning and Development Services Lance Simms, First 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 from meetings. Josh Benn submitted an absence request. Mr. Richards motioned to approve his absence. Mr. Goodwin seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration, discussion and possible action to approve meeting minutes. February 3, 2009, meeting minutes. Mr. Hill motioned to approve the meeting minutes. Mr. Brick seconded the motion, which passed (4-0-1). Chairman Goss abstained from voting since he was not present for that meeting. • 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 side street setback requirement for 1801 Sabine Court, generally located •at the corner of Southwest Parkway and Sabine Court. Case # 09-00500009 Staff Planner Lauren Hovde presented the staff report and stated that the applicant is requesting the variance to construct a carport that would serve as a covered walkway from the garage to the house. The proposed carport would be flush with the existing garage which sits 11 feet 6 inches from the property line along Southwest Parkway. Therefore, the applicant is requesting a street side setback variance of 3 feet 6 inches from the required 15-foot setback. Chairman Goss opened the public hearing for those wanting to speak in favor or opposition of the variance request. David Foster, 1501 Bluebonnet, College Station, Texas, stepped before the Board and was sworn in by Chairman Goss. Mr. Foster spoke in favor of the variance. Chairman Goss closed the public hearing. Mr. Brick motioned to authorize a variance to the minimum setback from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: very ambiguous history of setback lines, existing garage structure that is within the setback, no survey showing encroachment and no title policy showing encroachment; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: applicants have health issues which create a hardship to get in and out of the property; and such that the spirit of .the Ordinance shall be observed and substantial justice done. Mr. Hill seconded the motion, which passed (4-1). Mr. Richards voting for denial. AGENDA ITEM NO. S: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 7.1.H General Provisions regarding the building height requirement for 708 Eisenhower, generally located at the corner of Eisenhower and the 707 Shopping Center. Case #09-00500020 Staff Planner Matt Robinson presented the staff report and stated that the current proposed redevelopment of the site includes replacing two non-sanctuary buildings with one multi-purpose building. The proposed multipurpose building is required to meet height restrictions for non-residential structures adjacent to asingle-family use. When anon-residential building is adjacent to asingle-family use, the allowable height for non-residential buildings is one-half its distance from the property line. The church received a variance of 7.5 feet in September of 2006 to allow for an 11-foot building height at the 7.5-foot side building setback line. The applicant is proposing a building with a gable roof, and as such the building height is calculated as an average height level between the eaves and ridge line of the roof. The proposed building has an average height of 17.27 feet, which does meet the distance requirement for non-residential buildings adjacent to asingle-family use. As such, the church needs a variance to reach the desired height of the proposed building. The church is requesting an additional .building height variance of 6.26 feet to locate the building at the 7.5-foot side building setback line. . Chairman Goss opened the public hearing for those wanting to speak in favor or opposition of the variance request. Wing Chan Wong, 708 Eisenhower, College Station, TX, stepped before the Board and was sworn in by Chairman Goss. Mr. Wong spoke in favor of the variance. Chairman Goss closed the public hearing. Mr. Hill motioned to authorize a variance to the height requirement from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: due to a very large tree on the site and the structure as presented is less obtrusive than the original; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: no other building space available; 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. 6: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 5.4 Non-Residential Dimensional Standards regarding the side setback requirement for the property located at 230 Southwest Parkway East. Case # 090050022 Staff Planner Matthew Hilgemeier presented the staff report and stated that the applicant wants to clear the encroachment made during the site plan approval. At the time of replatting, lot 3A was recorded with the Brazos County Appraisal District showing the dimensions as 48.02 feet x 157.50 feet. However, a site plan was submitted and approved by the city that indicated lot dimensions of 51.02 feet x 157.50 feet. The owner used the approved site plan to construct the building, resulting in the 3-foot encroachment. Therefore, the applicant is requesting a variance to the side setback distance of 3 feet. Chairman Goss opened the public hearing for those wanting to speak in favor or opposition of the variance request. Todd Carnes, 3157 Arapaho, College Station, TX, stepped before the Board and was sworn in by Chairman Goss. Mr. Carnes spoke in favor of the variance. Chairman Goss closed the public hearing. Mr. Goodwin motioned to authorize avariance -to the minimum setback from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: the incorrect survey of record and site plan submitted for approval and adopted by the City of College Station; and. because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: inability to convey real property; and such that the spirit of the Ordinance shall be observed and substantial justice done subject to the following limitations: -the applicant will be granted a 3-foot side setback to become compliant. Mr. Hill seconded the motion, which passed unopposed (5-0). ~_~ • 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 ezisting 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 N0.8: Adjourn. The meeting was adjourned at 6:45 PM.. - ATTEST: ~S~e-c~ Deborah Grace- osier, Staff Assistant • • ~,~~ 5~'t ~e ~ • CITY OF COLLEGE STATION Planning d' Drvdopmrnt Srrviar ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Z 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) eight (Article 5) V 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 result in.~/C~„~+~ this and such that the sprit of this O~'dinance shall be observed and substantial justice done subject to the following limitations: Motion made by Seconded by ~'l '~G~ • t~/// Voting Results "' • Chair Signature Date J D • ~~ CITY OF COLLEGE STATION Planning d Developmrnt Servicer ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM SECTION ~• I of the Unified Development Ordinance. I move to authorize a variance to the Yard (Article 5) Lot Width (Article 5) Lot Depth (Article 5) 1~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: _ ~ w ~s ~-~' ..~ I~-t.(~' IN~U' and because a strict enforcdlnent of the provisions of the Ordinance would result in Motion made by 1C1L _ n ~ / Seconded by Voting Results ~' • Chair Signature, Date and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: • CITY OF COLLEGE STATION Planning cr Development Servicer 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) fight (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 contra to the ublic interest, due to the followin special conditions: ~~'~ ~qn jj ,~~ ~n ~~~r Svr,nr,~,i rll4 r vDr,"~ and became a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant bein~: .. - and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: ~ ~,o rr~~ ~ Motion made by t` Second. Voting • Chair S NAME ZONING BOARD OFADfUSTM~NT GUL~ST REGISTER MEETING DATA: March 3, 2009 . ADDRESS 1. 2. 3. 4. 5. 6. 7. 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