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HomeMy WebLinkAbout06/03/2014 - Regular Agenda Packet - Zoning Board of Adjustments Zoning Board of Adjustment June 3, 2014 6:00 P.M. Regular Meeting City Hall Council Chambers 1101 Texas Avenue, College Station, Texas AGENDA ZONING BOARD OF ADJUSTMENT Regular Meeting Tuesday, June 3, 2014 at 6:00 PM City Hall Council Chambers 1101 Texas Avenue College Station, Texas 77840 1. Call to order – Explanation of functions of the Board. 2. Consideration of absence requests.  Jim Davis ~ June 3, 2014 3. Discussion of approved Administrative Adjustments.  14-86 (AA) Aloft Hotel; 1150 University Dr. E.; Reduction of parking spaces (KMS)  14-87 through 14-100 (AA) 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3023, 3101, 3107, and 3109 Papa Bear Dr.; Increase of driveway width (PAZ)  14-101 (AA) 511 University Dr. E.; Reduction of parking spaces (KMS)  14-104 (AA) Southwest Crossing Retail Center; 1301 Wellborn Rd.; Reduction of parking spaces (KMS) 4. Consideration, possible action and discussion to approve meeting minutes.  April 1, 2014 5. Public hearing, presentation, possible action, and discussion to consider a building setback variance for Lot 15 & the adjacent Northwest ½ of Lot 16, Block 3, Oakwood Addition, generally located at 127 Lee Avenue which is zoned GS – General Suburban. Case # 14-900070 (PAZ) 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, June 3, 2014 at 6:00 p.m. at the City Hall Council Chambers, 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. Absence Request Form For Elected and Appointed Officers Name Jim Davis Request Submitted on May 12, 2014 I will not be in attendance at the meeting of June 3, 2014 for the reason(s) specified: (Date) Out of the country. Via e-mail - DGR M I N U T E S ZONING BOARD OF ADJUSTMENT Regular Meeting April 1, 2014 Administrative Conference Room 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Hunter Goodwin, Jim Davis, Johnny Burns, Rick Floyd, Alternate Carol Fountain MEMBERS ABSENT: David Ohendalski STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Teresa Rogers, Principal Planner Jason Schubert, Assistant City Attorney John Haislet AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board. Chairman Goodwin called the meeting to order at 6:00 p.m. AGENDA ITEM NO. 2: Consideration of absence requests.  David Ohendalski ~ April 1, 2014 Board Member Davis motioned to approve the absence request. Board Member Burns seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Discussion of requested 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) There was no discussion. AGENDA ITEM NO. 4: Consideration, possible action and discussion to approve meeting minutes.  January 7, 2014  March 19, 2014 Board Member Burns made the motion to approve the minutes with one change to the March 19 meeting minutes. The correction to the time that the meeting took place was corrected from 12:00 PM to 11:00 AM. Board Member Davis seconded the motion, which passed (5-0). AGENDA ITEM NO. 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. Staff Planner Teresa Rogers presented the staff report and stated that the applicant is requesting a 2.8- foot variance to the 5-foot side building setback. She ended her staff report by saying that staff is recommending denial due to the fact that there is no special condition or hardship, but rather the result of the applicants error. There was general discussions amongst the Board. Chairman Goodwin opened the public hearing. Glenn Thomas, 1110 12th Man, College Station, Tx, stepped before the Board and was sworn in by Chairman Goodwin. Mr. Thomas spoke in favor of the request. There was general discussions amongst the Board. Chairman Goodwin closed the public hearing. Board Member Floyd motioned to accept staff recommendation for discussion purposes only. Board Member Fountain seconded the motion. There was general discussions amongst the Board. Board Member Floyd amended his motion for approval of the variance request due to the special condition: was caused by the relocation of the front right survey pin and it was not the action of the builder; and hardship being: depriving the builder from reasonable use of his land due to the house encroaching into the setback causing title conveyance issues. Board Member Fountain seconded the motion, which passed (4-1). Board Member Davis voting against. AGENDA ITEM NO.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. There were no items discussed. AGENDA ITEM NO. 7: Adjourn. Board Member Floyd motioned to adjourn. Board Member Fountain seconded the motion. The meeting was adjourned at 6:51. ATTEST: APPROVED: _________________________________ _________________________________ Deborah Grace-Rosier, Staff Assistant Hunter Goodwin, Chairman Zoning Board of Adjustment Page 1 of 6 June 3, 2014 VARIANCE REQUEST FOR 127 Lee Avenue 14-900070 REQUEST: A variance to Unified Development Ordinance (UDO) Section 12- 7.2.D, Required Setbacks, to allow a 7.25-foot variance to the required contextual front setback of 45 feet. LOCATION: 127 Lee Avenue Oakwood Addition Lot 15 & northwest ½ of Lot 16, Block 3 APPLICANT: William M. & Deborah Griffin, Property Owners PROPERTY OWNERS: William M. & Deborah Griffin PROJECT MANAGER: Jenifer Paz, Staff Planner jpaz@cstx.gov BACKGROUND: The subject property is located in the South Oakwood Subdivision and is zoned GS General Suburban, which allows for single-family residential uses. The property was originally platted in 1943 and is designated Neighborhood Conservation on the Comprehensive Land Use Plan. In 2007, the home was demolished and the property is currently vacant. The applicant is requesting to build a new single-family home setback at the same distance as the previous home, 37.75 feet, from the property line. This property is subject to the contextual setbacks. The subject lot is adjacent to two single-family homes, where the home closest at 125 Lee Avenue is setback at 45 feet and the home at 201 Lee Avenue is setback approximately 63 feet. Therefore, the applicant is requesting to encroachment of 7.25 feet into the required 45-foot contextual setback. APPLICABLE ORDINANCE SECTION: UDO Section 12-7.2.D.1.e, Required Yards (Setbacks), Purpose & Intent ORDINANCE INTENT: In order to preserve the character of the older neighborhoods, the contextual front setback is intended for new construction to better integrate in established neighborhoods by having the home placed no closer or further back than the two adjacent homes. RECOMMENDATION: Staff is recommending approval of the request to reduce the required front contextual setback to 37.75 feet due to the lot size. Zoning Board of Adjustment Page 2 of 6 June 3, 2014 Zoning Board of Adjustment Page 3 of 6 June 3, 2014 Zoning Board of Adjustment Page 4 of 6 June 3, 2014 NOTIFICATIONS Advertised Board Hearing Date: June 3, 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: Oakwood HOA Property owner notices mailed: 16 Contacts in support: 0 Contacts in opposition: 0 Inquiry contacts: 6 at the time of this report ZONING AND LAND USES Direction Zoning Land Use Subject Property GS General Suburban Vacant North GS General Suburban Single-Family Residential South GS General Suburban Single-Family Residential East GS General Suburban Single-Family Residential West (across Lee Ave.) GS General Suburban Single-Family Residential PHYSICAL CHARACTERISTICS 1. Frontage: The property has approximately 74.52 feet of frontage to Lee Avenue. 2. Access: The property is currently accessed from Lee Avenue. 3. Topography and vegetation: The property has small caliper trees on the perimeter and is relatively flat. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. 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 subject property has approximately 74.52 feet of frontage to Lee Avenue, while the surrounding lots along Lee Avenue have much wider frontages allowing for more buildable area. The property to the north (125 Lee Avenue) has approximately 117 feet of frontage and the property to the south (201 Lee Avenue) has approximately 98 feet of frontage. Zoning Board of Adjustment Page 5 of 6 June 3, 2014 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. Given the size of the property, the variance is necessary in order to allow for the buildable area typical in the neighborhood. Granting of the variance would not alter the character of the neighborhood or original character of the property. 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. Granting of the variance will not be detrimental to the public, health, safety, or welfare, or injurious to other property in the area, or the to the City in administering this UDO because the request is to place a new home where the previous home was once built to, which exceeds the minimum front setback in new single-family subdivisions. 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 the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of the UDO because the subject and surrounding properties cannot be further subdivided unless they comply with the subdivision regulations. 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 due to no portion of this property being located within floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. The contextual front setback is applicable to other property in the vicinity. Currently, there are no vacant properties of similar size in this area. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The subject property and surrounding neighborhood was developed between the 1940s- 1950s when the front setback requirements were no less than 20% of the lot depth (Ordinance No. 38).The original setback of the subject lot conformed with the setbacks of the time and built closer to the street than the two adjacent properties. 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 and the purposes of the UDO. The request is to place the new home at the same setback as the previous home, which preserve the character of the neighborhood. Zoning Board of Adjustment Page 6 of 6 June 3, 2014 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 property does not prohibit the applicant in the utilization of their property. The setback does restrict the applicant from utilizing a large portion of the property. ALTERNATIVES The applicant has not proposed any alternatives to the granting of the variance request. STAFF RECOMMENDATION Staff is recommending approval of the request to reduce the required front contextual setback to 37.75 feet due to the lot size. SUPPORTING MATERIALS 1. Application & Background Information