HomeMy WebLinkAbout10/01/2019 - Agenda Packet - Zoning Board of AdjustmentsZoning Board of Adjustment
College Station, TX
Meeting Agenda - Final
City Hall
1101 Texas Ave
College Station, TX 77840
Council Chambers6:00 PMTuesday, October 1, 2019
1. Call meeting to order.
Presentation, discussion and possible action regarding meeting
minutes.
* March 05, 2019
19-05132.
March 05, 2019Attachments:
Discussion of approved Administrative Adjustments.
*AWV2019-000007 Broadstone Traditions II; 8175 Atlas Pear Drive;
Administrative Adjustment - Parking Reduction
*AWV2019-000010 1205 Winding Road; Administrative Adjustment -
Rear Setback
*AWV2019-000011 University Oaks Business Park; 1500 Earl Rudder
Fwy S; Administrative Adjustment - Parking Reduction
19-05143.
Public Hearing, presentation, discussion, and possible action on a
request for a side setback variance to the Unified Development
Ordinance Section 5.2 ‘Residential Dimensional Standards’ for Foxfire
Phase 2, Block 7, Lot 3, generally located at 1504 Foxfire Drive, which
is zoned E Estate. Case #AWV2019-000008
19-05214.
Sponsors:Halle-Schramm
Staff Report
Application
Application Narrative
Vicinity Map, Aerial, and Small Area Map
Applicant's Supporting Information
Variance Exhibit
Attachments:
5. Discussion and possible action on future agenda items - A 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.
6. Adjourn.
The Board or Commission may adjourn into Executive Session to consider any item listed
on this agenda if a matter is raised that is appropriate for Executive Session discussion. An
Page 1 College Station, TX Printed on 9/24/2019
October 1, 2019Zoning Board of Adjustment Meeting Agenda - Final
announcement will be made of the basis for the Executive Session discussion.
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101
Texas Avenue, College Station, Texas, on September 24th, 2019 at 5:00 p.m.
_____________________
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this
meeting and who may need accommodations, auxiliary aids, or services such as
interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979)
764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business
days prior to the meeting so that appropriate arrangements can be made. If the City does
not receive notification at least two business days prior to the meeting, the City will make a
reasonable attempt to provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano
al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo
411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta
propiedad portando arma de mano al aire libre.”
Page 2 College Station, TX Printed on 9/24/2019
MINUTES
ZONING BOARD OF ADJUSTMENT Regular Meeting March 05, 2019 Council Chambers College Station City Hall 1101 Texas Avenue 6:00 P.M.
MEMBERS PRESENT: Acting Chairperson Sherri Echols, Mark Smith, Jim Sharp, Randall
Allison, and Stewart Hutchins
STAFF PRESENT: Molly Hitchcock, Leslie Whitten, Alaina Chafin, Crystal
Derkowski, and Alyssa Halle-Schramm
AGENDA ITEM NO. 1: Call to Order.
Acting Chairperson Echols called the meeting to order at 6:02 p.m.
AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding the
minutes from November 06, 2018.
Board Member Allison motioned to approve the November 06, 2018 meeting minutes. Board
Member Sharp seconded the motion, which passed (5-0).
AGENDA ITEM NO. 3: Discussion of approved Administrative Adjustments.
*AWV2018-000031 TAD’s Louisiana Cooking; 1161 William D Fitch Pkwy; Administrative
Adjustment - Number of Off-Street Parking Spaces *AWV2018-000032 Cooper's BBQ; 3055 Earl Rudder Fwy S; Administrative Adjustment - Number of Off-Street Parking Spaces
*AWV2018-000040 315 Highlands St; Administrative Adjustment – Lot Depth Requirement
AGENDA ITEM NO. 4: Public Hearing, presentation, possible action, and discussion, and regarding a variance to landscaping and streetscaping requirements as set forth in the Unified Development Ordinance Section 7.6 'Landscaping and Tree Protection' for the Cooner Addition Block 1, Lots 6, 7, and 8 and the Burkhalter Addition Lots 4 and 5, generally located at 111, 113, and 201 Cooner Street, which is zoned GC General Commercial and R-4 Multi-Family. Case #AWV2018-000038
Alaina Chafin, Senior Planner, presented the staff report and stated that the applicant is
requesting variance to the landscaping and streetscaping requirements.
There was a general discussion amongst the Board.
Acting Chairperson Echols opened the public hearing.
Applicant, Angeline Crowder, spoke in favor of the variance request.
Tim Chinn, 738 Shady Lane Bryan Texas, spoke in opposition of the variance request and provided
the board members with a list of his concerns regarding the look of the proposed fence, the runoff
of water from the site, and the lack of the landscaping.
Mike McMillian, from BTU, answered questions from the board regarding the concerns that Mr.
Chinn has.
Acting Chairperson Echols closed the public hearing.
There was a general discussion amongst the Board.
Board Member Smith motioned to approve the variance as it will not be contrary to the public
interest, due to the extraordinary condition of the size of the property. Board Member Hutchins
seconded the motion.
Acting Chairperson Echols called for the vote. Motion to approve passed (5-0).
AGENDA ITEM NO. 5: Discussion and possible action on future agenda items - A
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 was no discussion.
AGENDA ITEM NO. 6: Adjourn
The meeting was adjourned at 6:30 p.m.
ATTEST: APPROVED: _________________________________ _______________________________ Crystal Derkowski, Staff Assistant Keith Roberts, Chairman
Zoning Board of Adjustment Page 1 of 4 October 1, 2019
VARIANCE REQUEST
FOR
1504 FOXFIRE DRIVE
AWV2019-000008
REQUEST: An 8-foot reduction to the minimum 10-foot side setback as set forth in Section
5.2 ‘Residential Dimensional Standards’
LOCATION: 1504 Foxfire Drive
Foxfire Phase 2, Block 7, Lot 3
ZONING: E Estate
PROPERTY OWNER: Jane Kee & Eric Ploeger
APPLICANT: Jane Kee & Eric Ploeger
PROJECT MANAGER: Alyssa Halle-Schramm, Staff Planner
aschramm@cstx.gov
BACKGROUND: The applicant has an existing recreational vehicle (RV) located on the subject
property that is parked within the existing driveway. Driveways are allowed
within side setbacks, per UDO Section 7.2.D.3. The applicant is proposing to add
an accessory structure, a 12-foot wide carport, to cover the existing RV and
proposes to locate the carport on the existing driveway between the existing
garage and the side property line. Consequently, the applicant is requesting a
variance for an 8-foot reduction to the 10-foot side setback requirement to
accommodate the proposed carport location.
APPLICABLE
ORDINANCE SECTION: UDO Section 5.2 ‘Residential Dimensional Standards’
ORDINANCE INTENT: UDO Section 5.2 ‘Residential Dimensional Standards’ sets minimum setback
standards that usually 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.
RECOMMENDATION: Staff recommends approval of the variance.
Zoning Board of Adjustment Page 2 of 4 October 1, 2019
NOTIFICATIONS
Advertised Board Hearing Date: October 1, 2019
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:
Foxfire HOA and Woodcreek HOA
Property owner notices mailed: 17
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: 4
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property E Estate Single-Family Home
North E Estate Single-Family Home
South GS General Suburban Stormwater detention for Woodcreek
Subdivision
East E Estate Single-Family Home
West E Estate Single-Family Home
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has approximately 180 feet of frontage on Foxfire Drive.
2. Access: The subject property takes access from Foxfire Drive.
3. Topography and vegetation: There is substantial slope on approximately 100 feet at the rear of the subject
property. This area contains a defined drainage swale that drains to a nearby tributary of Foxfire Creek.
There is dense vegetation in this area.
4. Floodplain: The subject property is not located within FEMA regulated floodplain.
Zoning Board of Adjustment Page 3 of 4 October 1, 2019
REVIEW CRITERIA
According to Unified Development Ordinance Section 3.19.E ‘Criteria for Approval of Variance’, no variance shall
be granted unless the Board makes affirmative findings in regard to all nine of the following 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.
Special conditions exist that deprives the applicant a reasonable use of their land. The existing house was
built in 1977 by a previous owner. The house was set back approximately 130 feet from Foxfire Drive,
oriented parallel to the street, and elongated across the width of the property. This layout created a large
front yard, minimal side yards, and a large rear yard. Dense vegetation exists in the front and rear yards and
a defined drainage swale exists on the rear approximate 100 feet of the property. The septic lines for the
house are also located in the rear yard and cannot be impeded by structures. The current property owners
added a 1,200 square foot detached garage to the rear yard in 2005. The garage location avoided the septic
lines and adhered to the UDO side setback requirements. There is also an existing portable storage building
located between the garage and the side property line within the side setback. Portable storage buildings
that do not require a building permit are exempted from the setback requirements per the UDO. With the
septic lines to the west, the garage location, and the dense vegetation and drainage swale to the rear, there
are no other viable locations for the proposed carport.
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.
The variance is necessary for the preservation and enjoyment of the substantial property right of the
applicant. Without the variance, the applicant cannot construct a carport. Were the rear yard less
constrained by the septic lines, vegetation, and drainage swale, other viable locations could exist.
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 the variance would not be detrimental to the public health, safety, or welfare, or injurious to other
property in the area, or to the City in administering the UDO. The proposed carport will be located more
than 200 feet from Foxfire Drive, which reduces visibility of the structure from the public street. The
neighboring property to the east will be closest to the proposed carport structure, which is proposed to be
approximately 2 feet from the side property line. The existing dense vegetation on the neighboring property
effectively screens the proposed carport. The carport will not be visible to the adjacent property to the rear
due to the dense vegetation nor to the adjacent properties to the west due to being screened by the existing
garage. The applicant has provided letters of support from the neighboring property to the east and the
Foxfire Architectural Control Committee.
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. The surrounding properties are platted lots within the Foxfire
and Woodcreek subdivisions.
Zoning Board of Adjustment Page 4 of 4 October 1, 2019
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.
A review of the FEMA Federal Insurance Rate Map Panel 0310 indicates that the subject property is not
located within, or directly adjacent to, FEMA-designated flood areas. If approved, the proposed variance
helps preserve the existing dense vegetation and drainage swale located at the rear of the subject property,
which serve to slow the rate of stormwater runoff and direct it to appropriate drainage areas.
6. Other property: That these conditions do not generally apply to other property in the vicinity.
The location of existing structures and the sizes of front, side, and rear yards vary widely within the Foxfire
Subdivision. The rear yard constraints with the septic line location, the existing garage, the dense vegetation
and the drainage swale are unique to the subject property.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
The hardship is not a result of the applicant’s own actions. The property layout when it was constructed in
1977 and the associated locations of the septic lines, vegetation, and drainage swale are the most significant
constraints on the property. While the applicant added the detached garage to the rear yard in 2005, they
abided by all applicable regulations, including the UDO provision that no more than 30-percent of the rear
yard be covered by accessory structures. The garage was located within the area created between the septic
lines and the side setback. There is a lack of additional space to add the carport structure. This has created a
hardship to further developability of the lot, which is beyond the applicant’s control.
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 with the
purposes of the UDO.
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 restricts the applicant in the utilization of
their property. The locations of the existing house, septic lines, garage, rear drainage swale and dense
vegetation unreasonably restrict the placement of a carport on the Estate lot.
ALTERNATIVES
Any alternative locations would impede the septic lines or require removal of dense vegetation and potential
disturbance of the drainage swale, which is not preferred from a stormwater management perspective and
could potentially require mitigation strategies.
STAFF RECOMMENDATION
Staff recommends approval of the variance request.
ATTACHMENTS
1. Application
2. Application Narrative
3. Vicinity Map, Aerial, and Small Area Map
4. Applicant’s Supporting Information
5. Variance Exhibit
CITY OF COLIJ-GE STATION
Home of Texas A&M University'
FOR OFFICE USE ONLY
CASE NO.:
DATE SUBMITTED:
TIME:
STAFF:
ZONING BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
Zoning Board of Adjustment Application Fee. (Refer to the Planning and Development Fee Schedule
for all applicable fees)
Application completed in full. This application form provided by the City of College Station must be used
and may not be adjusted or altered. Please attach pages if additional information is provided.
Additional materials may be required of the applicant such as site plans, elevation drawings, sign details,
and floor plans. The applicant shall be informed of any extra materials required.
Date of Optional Preapplication Conference M/A
ADDRESS 1504 Foxfire Drive
LEGAL DESCRIPTION (Lot, Block, Subdivision) Lot 3 Block 7 Foxfire Ph 2
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name sam& as porperty owner below E-mail
Street Address
City State Zip Code
Phone Number Fax Number
PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners):
Name Eric Ploeger and Jane Kee E-mail jkee@suddenlink.net
Street Address 1504 Foxfire Drive
City College Station
Phone Number 979-324-9196
Current zoning of subject property E Estate
Action requested (check all that apply):
[X] Setback variance
[~] Parking variance
[]] Sign variance
Ql Lot dimension variance
Applicable ordinance section to vary from:
State TX Zip Code 77845
Fax Number
| |
Appeal of Written Interpretation
Special Exception
Drainage Variance
Other
Section 5.2 residential dimensional standards
3/18 Page 1 of 5
GENERAL VARIANCE REQUEST
1. The following specific variation from the ordinance is requested:
to allow an RV carport to extend up to 8 feet into the 10 side setback
2. This variance is necessary due to the following special conditions:
Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving
the particular property. The unique circumstances must be related to a physical characteristic of the property itself,
not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land.
Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees.
Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are
generally not special conditions.
Creek bisects property. Heavy vegetation and tree cover exists. Original placement of house by previous owners.
Please see attached for detail
3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are:
Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements
of the law. The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when
compared to neighboring properties.
Please see attached
4. The following alternatives to the requested variance are possible:
really no viable alternatives to place carport elsewhere on the property.
5. This variance will not be contrary to the public interest by virtue of the following facts:
HOA & adjoining neighbor approve. Carport heavily screened from 3 views. Sits over 200 back from street view.
Please see attached for detail
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are
true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE
PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is
more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the
application must be accompanied by proof of authority for the company's representative to sign the application on its
behalf.
SignaWfe and Date
3/18 Page 2 of 5
TO: Zoning Board of Adjustment Members
FROM: Eric Ploeger and Jane Kee, Property Owners
DATE: September, 4, 2019
RE: ZBA Application for a side setback variance at 1504 Foxfire Drive
The information below expands on our ZBA application form. We hope this formation helps members understand
the rationale behind our request. Thank you for your time.
Special conditions
There are several special conditions that are physical in nature.
1. A creek draining several properties bisects the rear 1/3 of this property preventing any additional building
or pavement.
2. Septic lines established when this lot was developed outside the city limits in the 1970s run throughout
the backyard area between the house and the creek.
3. There is heavy vegetation and mature trees covering the back and front portions of the lot precluding
building without cutting large trees as well as removing shade and privacy screening.
4. The original owners built the house in the 1970s as far back from the street as possible with its orientation
running from side setback to side setback. This maximized the front yard area and screening from the
street but left a smaller area in the rear or along the sides for any accessory structures.
Hardship
We cannot reasonably enjoy the use of the RV as well as protect it from elements without cover. The cloth covers
sold on the market get unsightly as deterioration occurs rapidly in our heat and humidity. We cannot enter the
RV to maintain it without removal of the cover. Then it must be replaced each time. The entire process is time
consuming, difficult and dangerous as it requires climbing on top and manipulating a cover the weighs 60 Ibs.
Alternatives
There are really no viable alternatives that would not preclude removing trees.
Public Interest
This request is not contrary to the public interest as:
1. The proposed carport would sit over 200 feet from the street. Heavy vegetation, a creek, the existing
garage and a detention pond all screen it from all other views.
2. There are other RV carports currently existing within the subdivision.
3. The current Home Owners Association has approved the request.
4. The adjoining neighbors have given their approval.
Foxfire Architectural Control Committee
foxfireacc@gmail.com
ct: Re: RV carport cover request
Date: Jui 17, 2019 at 7:13:36 PM
To. Jkeejkee<
Your request has been approved. Please keep this for your records.
Thank you for contacting the Foxfire ACC!
On Wed, Jul 17, 2019 at 8:52 AM Jkee <jkee(o)suddenlink.net>
wrote:
We live at 1504 Foxfire and as you can see in the first photo our RV
sits about 200' from the street adjacent to our garage/shop. We
would like to install a 12' wide carport cover that would match the
materials and colors of the existing shop so as to blend. The fabric
RV covers start to look "ratty" over time and are hard to use (cover
and uncover each time we want to use or move the vehicle). Our
next door neighbor, Les Thompson, has no problems with this
request and in fact the heavy vegetation screens any view from his
or any adjoining properties, of which there is only 1 other in Foxfire.
Behind us is a Woodcreek retention pond. Along the rear of our
property, behind the shop, there is a creek which precludes doing
anything behind the shop building.
The side of the shop sits generally on the setback line. The eave
height is 12' for reference and the existing shop garage door is 10'
high. The material on the front of our shop is painted Hardie board.
The shop was approved by the ACC about 13 years ago.
Please advise as to our next steps with the ACC and you are
welcome to contact us for a site visit anytime.
Thanks for your time and consideration.
Jane Kee 979-324-9196
Ric Ploeger 979-324-3362
September 4, 2019
TO WHOM IT MAY CONCERN:
Our neighbors at 1504 Foxfire Drive have discussed their desire with us for a carport cover for
their RV. It would sit near our side setback line. Vegetation precludes our even seeing the
cover and we have no concerns or issues with this.
Les Thompson ^
1508 Foxfire Drive