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HomeMy WebLinkAbout10/06/2009 - Regular Minutes - Zoning Board of AdjustmentsCITY OF COIJ.EGE STATION Home of Texas A&M University" MINUTES Zoning Board of Adjustment_ October 6, 2009 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, John Richards, Richard Dabney. MEMBERS ABSENT: Alternates Hunter Goodwin and Melissa Cunningham (not needed). STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Matt Robinson, 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 Jay Goss called the meeting to order at 6:02 PM. AGENDA ITEM NO. 2: Consideration, discussion and possible action of Absence Requests from meetings. There were no requests to consider. AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting minutes. • July 7, 2009 meeting minutes. Mr. Hill motioned to approve the minutes. Mr. Benn seconded the motion. Mr. Dabney abstained from voting. The motion was approved (4-0-1). AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion regarding variances to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards regarding minimum rear and front setback requirements, minimum lot depth requirements, and minimum lot area requirements for 814-816 Nimitz Street, Lots 5 & 6, Block B of the D.A. Smith Subdivision. Case 9 09-00500146. Staff Planner Matt Robinson presented the staff report and stated that the subject properties were originally platted around the time that the City incorporated and were included in a single lot. These lots have been held in common ownership since before July 15, 1970, and therefore, are considered one building plot. The applicant is planning on reestablishing the platted lot lines for this property through a replat. However, because of the configuration of the subject property and surrounding properties, the applicant cannot subdivide the property in a manner that meets all the requirements of Section 5.2 of the Unified Development Ordinance. Mr. Robinson ended his staff report by telling the Board that the variance for minimum lot size should be conditioned on approval of a replat. The applicant will have to seek that variance from the Planning and Zoning Commission as part of the platting process. Staff recommended approval due to lot configurations and Nimitz Street being built outside the 40-foot right- of-way. Chairman Goss opened the public hearing for those wanting to speak in favor of the request. John Rhodes, 15548 Creek Meadows, CS, TX, stepped before the Board and was sworn in by Chairman Goss. Mr. Rhodes stated that a special condition exists because the lots were divided before minimum dimensional standards were enforced. Chairman Goss closed the public hearing. Mr. Benn motioned to authorize the variances to lot depth (45 feet), lot size (2,500 sq. ft), and front(15 feet 9 inches) and rear (13.5 feet) setbacks from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: encroachment of Nimitz Street and lot dimensions, and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: unreasonable buildable area depriving the owner of any reasonable use of the property, and such that the spirit of the Ordinance shall be observed and substantial justice done subject to the following limitations: approval of minimum lot size variance is subject to approval of property replat per the Unified Development Ordinance. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 5: 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. 6: Adjourn. Rodney Hill motioned to adjourn. John Richards seconded The meeting was adjourned at 6:15 PM. ATTEST: ay motion, which passed unopposed (5-0). Chairman Deborah Grace-Rosier, Staff Assistant CITY OF COLLEGE STATION Planning d Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM SECTION 4 11 of the Unified Development Ordinance. I move to authorize a variance to the Yard (Article 5) Lot Width (Article 5) / y7 Lot Depth (Article 5) c, P~ L W +-2e 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 sp 'al conditio s: / ~~C,~ea~Ton-iA~ ~ l i lz ) U /I( I Pn1 i~.~► l and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardsh}D. to this ap li~apt(being: Ld IT~.~C'Fcltc U~ ~ , ~ Gn" r-e-j d'\F t,-".C a f~ ~ /n9(? Pl~`1 and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the foil owin limitations: ) r~f'/~~v t t f,-L Ls f l z--e- Vim' , c/?,-c , j U t Q ~y by V -4 e, U! Seconded by ~'J D Voting Results Chair Signatur ZONING BOARD OFADfUSTMENT GUEST REGISTER MEETING DATE: October 6, 2009 NAME ADDRESS CreeL 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.