HomeMy WebLinkAbout04/01/2014 - Regular Agenda Packet - Zoning Board of Adjustments
Zoning Board of Adjustment
April 1, 2014
6:00 P.M.
Regular Meeting
City Hall
Administrative Conference Room
1101 Texas Avenue,
College Station, Texas
AGENDA
ZONING BOARD OF ADJUSTMENT
Regular Meeting
Tuesday, April 1, 2014 at 6:00 PM
City Hall Administrative Conference Room
1101 Texas Avenue
College Station, Texas 77840
1. Call to order – Explanation of functions of the Board.
2. Consideration of absence requests.
David Ohendalski ~ April 1, 2014
3. Discussion of approved Administrative Adjustments.
14-16 (AA) Park Plaza; 2501 Texas Ave. S.; 10% decrease in off-street parking (PAZ)
14-26 (AA) Copper Falls Executive Suites; 3202 Earl Rudder Freeway S.; 2.5-foot
reduction to 25-foot front setback for a carport (MTH)
14-34 (AA) 1121 Phoenix St.; 1-foot reduction to 20-foot rear setback (MTH)
14-35 (AA) 109 & 111 Southland St.; 15-inch reduction to the 40-depth for two parking
spaces (PAZ)
4. Consideration, possible action and discussion to approve meeting minutes.
January 7, 2014 meeting minutes
March 19, 2014 New Board Member Board Orientation meeting minutes
5. Public hearing, presentation, possible action, and discussion to consider a side setback variance to the
Unified Development Ordinance, Section 12-5.2-Residential Dimensional Standards, for Castle Rock
Subdivision Phase 1C, Block 6, Lot 20 located at 4103 Rocky Creek Trail, which is zoned PDD –
Planned District Development.
6. 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.
7. 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.
Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College
Station, Texas will be held on Tuesday, April 1, 2014 at 6:00 p.m. at the City Hall Administration
Conference Room, 1101 Texas Avenue, College Station, Texas. The following subjects will be
discussed, to wit: See Agenda
Posted this the_____day of__________, 2014 at______p.m.
CITY OF COLLEGE STATION, TEXAS
By _____________________________
Sherry Mashburn, City Secretary
By _____________________________
Kelly Templin, City Manager
I, the undersigned, do hereby certify that the above Notice of Regular Meeting of the Zoning Board
of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and
that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas
Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice
are readily accessible to the general public at all times. Said Notice and Agenda were posted
on___________________p.m. and remained so posted continuously for at least 72 hours proceeding
the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on
the following date and time: ______________________ by _________________________.
Dated this _____ day of____________, 2014.
CITY OF COLLEGE STATION, TEXAS
By_____________________________
Subscribed and sworn to before me on this the _____ day of_______________, 2014.
______________________________
Notary Public- Brazos County, Texas
My commission expires:_________________
This building is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive service must be made 48 hours before the meeting. To make arrangements call
979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov.
M I N U T E S
ZONING BOARD OF ADJUSTMENT
Regular Meeting
January 7, 2014
Council Chambers
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Acting Chairman Josh Benn, Jim Davis, Marsha Sanford, Dick Dabney,
Scott Simpson
MEMBERS ABSENT: Chairman Hunter Goodwin
STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Teresa Rogers,
Assistant Director Lance Simms, Senior Assistant City Attorney John
Haislet, Action Center Representative Timothy Green
AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board.
Acting Chairman Benn called the meeting to order at 6:03 p.m.
AGENDA ITEM NO. 2: Consideration of absence requests.
Josh Benn ~ December 3, 2013
Hunter Goodwin ~ January 7, 2014
Board Member Simpson motioned to approve both absence requests. Board Member Sanford seconded
the motion, which passed (4-0).
AGENDA ITEM NO. 3: Discussion of requested Administrative Adjustments.
13-251 (AA-Residential Dimensional Standards) 4314 Odell Lane
Staff Planner Rogers discussed the adjustment given. There was no discussion.
AGENDA ITEM NO. 4: Consideration, possible action and discussion to approve meeting
minutes.
December 3, 2013 meeting minutes
Board Member Sanford motioned to approve the December 3, 2013 meeting minutes. Board Member
Dabney seconded the motion, which passed (4-0).
AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion to
consider a variance to the minimum number of stories to the Unified Development Ordinance,
Section 12-5.9 – Design District Dimensional Standards, for the property located at Lot 2-R, The
Ramparts, generally located at 300 Nagle Street.
Board Member Davis arrived to the meeting.
Staff Planner Rogers presented the staff report and stated that the applicant is requesting a variance to
allow a single story for a new sanctuary building. The current zoning of the property requires buildings
to have a minimum of two stories. She ended her staff report by saying staff recommended approval of
the request with the condition that all exterior facades are a minimum of 25 feet in height and give the
appearance of a two-story structure.
Acting Chairman Benn opened the public hearing.
Stepping forward to speak in favor of the request was Father David Konderla, 603 Church Street,
College Station, Texas and John Clements, 2370 Rice Blvd, Suite 210, Houston, Texas 77005. Both
were sworn in by Acting Chairman Benn.
There was a general discussion amongst the Board.
Acting Chairman Benn closed the public hearing.
Board Member Sanford motioned to approve the variance with the limitation that all exterior facades
are a minimum of 25 feet in height and give the appearance of a two story structure. Board Member
Simpson seconded the motion, which passed (5-0).
AGENDA ITEM NO.6 : Public hearing, presentation, possible action, and discussion to
consider a variance to the Unified Development Ordinance, Section 12-5.8.B.6 – Northgate
District Off-Street Parking Standards, regarding ramp location on exterior of parking garage for
the property located at Lots 1-5 and 16-20 and Associated BPP, Block 4, Tauber Subdivision,
generally located at 601 Cross Street.
Staff Planner Rogers presented the staff report and stated the applicant wants to build a structured
parking garage with ramps on the garage exterior façade which the current zoning prohibits. She ended
her staff report and stated that staff is recommending denial.
There was a general discussion amongst the Board.
Acting Chairman Benn opened the public hearing.
Stepping forward to speak in favor was John Clements. Acting Chairman reminded Mr. Clements that
he still was under oath.
Acting Chairman Benn closed the public hearing.
Acting Chairman Benn motioned to approve. Board Member Sanford seconded the motion.
There was a general discussion amongst the Board.
Acting Chairman Benn called for the vote to approve the variance subject to the limitation of one
exterior ramp along an interior lot line. With Board Member Sanford’s second, the vote was (4-1). The
motion was approved. Board Member Davis voting for denial.
AGENDA ITEM NO. 6: Public hearing, presentation, possible action, and discussion to
consider a building setback variance to the Unified Development Ordinance, Section 12-5.9 –
Design District Dimensional Standards, for the property located at Lot 2-R, The Ramparts,
generally located at 300 Nagle Street.
Staff Planner Rogers presented the staff report and stated that the applicant is requesting a variance to
the maximum building setback of 25 feet from the back of the curb in order to build a new sanctuary.
The proposed sanctuary on the site would be located further from the curb than allowed by the Unified
Development Ordinance. She ended her staff report by saying staff was recommending denial.
There was a general discussion amongst the Board.
Acting Chairman Benn opened the public hearing.
Stepping forward to speak in favor was John Clements. Acting Chairman reminded Mr. Clements that
he still was under oath.
Acting Chairman Benn closed the public hearing
Board Member Dabney motioned to grant the variance with the limitations of: variance of 45 feet to the
maximum setback from Church Street, creating a 70-foot maximum setback from the curb; variance of
110 feet to the maximum setback from Nagle Street, creating a 135-foot maximum setback from the
back of the curb. Board Member Sanford seconded the motion, which passed (5-0).
AGENDA ITEM NO.8: 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.
There were no items discussed.
AGENDA ITEM NO. 9: Adjourn.
Board Member Sanford motioned to adjourn. Board Member Dabney seconded the motion, which
passed (5-0). The meeting was adjourned at 7:18 p.m.
ATTEST: APPROVED:
_________________________________ _________________________________
Deborah Grace-Rosier, Staff Assistant Josh Benn, Acting Chairman
M I N U T E S
ZONING BOARD OF ADJUSTMENT
New Board Member Orientation
March 19, 2014
Administrative Conference Room
College Station City Hall
1101 Texas Avenue
12:00 A.M.
MEMBERS PRESENT: Chairman Hunter Goodwin, Johnny Burns, Patrick Fogarty, Carol
Fountain, David Ohendalski, John ONeill
MEMBERS ABSENT: Rick Floyd
STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Assistant Director of Planning &
Development Services Molly Hitchcock, Principal Planner Jason
Schubert, Assistant City Attorney John Haislet
Acting Chairman Johnny Burns called the meeting to order at 11:11.
AGENDA ITEM NO. 1: Presentation, possible action, and discussion regarding conflict of
interest provisions.
Assistant City Attorney John Haislet went over conflict of interest. There was a general discussion
amongst the Board.
AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding an orientation
on serving on the Zoning Board of Adjustment.
Chairman Goodwin showed up to the meeting.
Board Members and City Staff introduced themselves.
Chairman Goodwin appointed Johnny Burns to serve as Acting Chairman should he be absent from
meetings. Assistant Director of Planning and Development Services Molly Hitchcock and Principal
Planner Jason Schubert went over the Board Member information packet.
There was a general discussion amongst the Board and City Staff.
The meeting was adjourned at 12:06
ATTEST: APPROVED:
_________________________________ _________________________________
Deborah Grace-Rosier, Staff Assistant Hunter Goodwin, Chairman
Zoning Board of Adjustment Page 1 of 6
April 1, 20014
VARIANCE REQUEST
for
4103 Rocky Creek Trail
14-00900051
REQUEST: A variance to Unified Development Ordinance (UDO) Section 12-
5.2, Residential Dimensional Standards, to allow a 2.8-foot
variance to the 5 foot side building setback.
LOCATION: 4103 Rocky Creek Trail;
Castle Rock Subdivision Phase 1C, Block 6, Lot 20
APPLICANT: Glenn Thomas
PROPERTY OWNER: same as applicant
PROJECT MANAGER: Teresa Rogers, Staff Planner
trogers@cstx.gov
BACKGROUND: The subject property is located in Castle Rock Subdivision and is
zoned as a Planned Development District, which allows for single-
family residential uses. When an as-built survey was performed,
it was discovered that the home was encroaching into the 5-foot
setback by 2.8 feet. The applicant has been unable to sell the
home. Therefore, the applicant is requesting to encroach 2.8
feet into the 5 foot side building setback.
APPLICABLE ORDINANCE: UDO Section 12-5.2, Residential Dimensional Standards, City of
College Station Ordinance Number 2005-2814.
ORDINANCE INTENT: UDO Section 12-5.2, Residential Dimensional Standards, sets standard
requirements that 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. In this case, the side building setback has been reduced from the standard 7.5
feet to a 5-foot side building setback for the Castle Rock Subdivision Planned Development
District.
RECOMMENDATION: Staff recommends denial of the applicant’s request for a 2.8-foot
encroachment of the 5-foot side building setback. This is not a hardship or special condition as
the error is the result of the applicant’s actions and is not the result of a special condition with
the property that deprives the applicant of the reasonable use of the property.
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NOTIFICATIONS
Advertised Board Hearing Date: April 1, 2014
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Castle Rock Homeowners Association
Property owner notices mailed: 16
Contacts in support: One at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: None at the time of this report.
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property PDD Planned Development District Single-Family Residence
North PDD Planned Development District Single-Family Residence
South (across
William D. Fitch) PDD Planned Development District Single-Family Residence
East PDD Planned Development District Single-Family Residence
West PDD Planned Development District Single-Family Residence
PHYSICAL CHARACTERISTICS
1. Frontage: 4103 Rocky Creek Trail has approximately 35 feet of frontage.
2. Access: The property is accessed by Rocky Creek Trail, a street located within Castle
Rock Subdivision.
3. Topography and vegetation: 4301 Rocky Creek Trail has little vegetation on site and the
site’s slope is relatively flat.
4. Floodplain: The subject property is not located within FEMA regulated flood plain.
REVIEW CRITERIA
1. Extraordinary conditions: That there are extraordinary or special conditions affecting the
land involved such that strict application of the provisions of the UDO will deprive the
applicant of the reasonable use of his land.
The applicant has stated that the right front survey pin was put in the wrong place after the
water/sewer taps were made by the city. The relocation of the pin caused the
encroachment to occur. Ultimately, it is the builder’s responsibility to ensure the setback
requirements have been met prior to pouring the foundation of the building. There is no
Zoning Board of Adjustment Page 5 of 6
April 1, 20014
special condition affecting the land which would prohibit the construction of the house if it
had been constructed in the correct location.
2. Enjoyment of a substantial property right: That the variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant.
This variance is necessary for the preservation and enjoyment of a substantial property right
of the applicant because the current use of the property as a single-family residence does
not meet the proposed Planned Development District standards that were approved for this
property. If the proposed variance request is not granted, the applicant would be required to
alter or demolish the structure because it does not comply with the standards of the UDO.
3. Substantial detriment: That the granting of the variance will not be detrimental to the
public health, safety, or welfare, or injurious to other property in the area, or to the City in
administering this UDO.
The granting of this variance will not be detrimental to the public health, safety, or welfare,
or injurious to other property in the area or to the City administering the UDO.
4. Subdivision: That the granting of the variance will not have the effect of preventing the
orderly subdivision of land in the area in accordance with the provisions of this UDO.
The granting of this variance would not have the effect of preventing the orderly subdivision
of other land in the area in accordance with the provisions of the UDO, as the surrounding
property is already subdivided.
5. Flood hazard protection: That the granting of the variance will not have the effect of
preventing flood hazard protection in accordance with Article 8, Subdivision Design and
Improvements.
The granting of this variance will not have the effect of preventing flood hazard protection in
accordance with Article 8, Subdivision Design and Improvements because no portion of this
property is located within the floodplain.
6. Other property: That these conditions do not generally apply to other property in the
vicinity.
The 5-foot side building setback applies to all properties within the Castle Rock Subdivision.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
A hardship does not exist on the subject property. The encroachment of the building into
the 5-foot side building setback was due to an error by the builder, who failed to locate the
correct boundaries of the front setback before constructing the structure’s foundation.
8. Comprehensive Plan: That the granting of the variance would not substantially conflict with
the Comprehensive Plan and the purposes of this UDO.
The granting of this variance does not substantially conflict with the Comprehensive Plan or
the purposes of this UDO.
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April 1, 20014
9. Utilization: That because of these conditions, the application of the UDO to the particular
piece of property would effectively prohibit or unreasonably restrict the utilization of the
property.
The application of the UDO standards to this particular piece of property does not prohibit or
unreasonably restrict the applicant in the utilization of their property. If the structure was
demolished or structurally altered, it could be built within the required building setbacks.
ALTERNATIVES
The only alternative given by the applicant is the removal of the portion of the structure that is
located within the 5-foot side building setback.
STAFF RECOMMENDATION
Staff recommends denial of the applicant’s request for a 2.8-foot encroachment of the 5-foot
side building setback. This is not a hardship or special condition as the error is the result of the
applicant’s actions and is not the result of a special condition with the property that deprives the
applicant of the reasonable use of the property.
SUPPORTING MATERIALS
1. Application
2. Survey