HomeMy WebLinkAbout03/03/2020 - Agenda Packet - Zoning Board of AdjustmentsCollege Station, TX
Meeting AgendaZoning Board of Adjustment1101 Texas Ave, College Station, TX 77840
The City Council may or may not attend this meeting.
March 3, 2020 6:00 PM City Hall Council Chambers
College Station, TX Page 1
1.Call meeting to order and consider absence requests.
2.Hear Visitors.
At this time, the Chairperson will open the floor to citizens wishing to address the Board on issues
not already scheduled on today's agenda. The citizen presentations will be limited to three minutes
in order to accommodate everyone who wishes to address the Board and to allow adequate time for
completion of the agenda items. The Board will receive the information, ask city staff to look into the
matter, or will place the matter on a future agenda for discussion. A recording is made of the
meeting; please give your name and address for the record.
3.Agenda Items
3.1.Presentation, discussion, and possible action regarding meeting minutes.
Attachments:1.December 03, 2019
3.2.Discussion of approved Administrative Adjustments.
AWV2019-000012 14015 Renee Lane; Administrative Adjustment - Lot Depth
AWV2019-000018 700 University Drive East 202 B; Administrative Adjustment -
Attached Sign Area
Sponsors:Rachel Lazo
3.3.Public Hearing, presentation, discussion, and possible action regarding a side setback
variance to the Unified Development Ordinance Section 5.2, 'Residential Dimensional
Standards' for the West Park 2nd Addition, Block A, Lot 1 located at 700 Maryem Street, which
is zoned GS General Suburban. Case #AWV2020-000001
Sponsors:Treston Rodriguez
Attachments:1.Staff Report
2.Applicant's Supporting Information
3.Vicinity Map, Aerial, and Small Area Map
4.Variance Exhibit - Proposed Site Plan
3.4.Presentation and discussion regarding HB 2497 passed by the 86th Texas Legislature.
Sponsors:Molly Hitchcock
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Zoning Board of Adjustment
Page 2 March 3, 2020
4.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.
5.Adjourn.
The Board or Commission may adjourn into Executive Session to consider any item listed on the
agenda if a matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted at College Station Hall, 1101 Texas
Avenue, College Station, Texas, on February 26, 2020 at 5:00 p.m.
City Secretary
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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)
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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.”
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MINUTES
ZONING BOARD OF ADJUSTMENT Regular Meeting December 03, 2019 Council Chambers College Station City Hall 1101 Texas Avenue 6:00 P.M.
MEMBERS PRESENT: Chairperson Roberts, Randall Allison, Mark Smith, Jim Sharp, and
Howard Mayne.
STAFF PRESENT: Molly Hitchcock, Leslie Whitten, Crystal Derkowski, Jade
Broadnax, and Justin Constantino
AGENDA ITEM NO. 1: Call to Order.
Chairperson Roberts called the meeting to order at 6:02 p.m.
AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding the
minutes from October 01, 2019.
Board Member Mayne motioned to approve the October 01, 2019 meeting minutes. Board Member
Allison seconded the motion, which passed (5-0).
AGENDA ITEM NO. 3: Presentation, possible action, and discussion regarding an
absence request for the December 03, 2019 meeting.
• Sherri Echols
Board Member Smith motioned to approve the absence request. Board Member Mayne seconded
the motion, which passed (5-0).
AGENDA ITEM NO. 4: Discussion of approved Administrative Adjustments.
*AWV2019-000010 1205 Winding Road; Administrative Adjustment – Rear Setback.
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*AWV2019-0000133902 Eskew Drive; Administrative Adjustment – Rear Setback.
* AWV2019-000017 AOPi Parking Lot; 1401 Athens Drive; Administrative Adjustments – Parking
There was no discussion.
AGENDA ITEM NO. 5: Public Hearing, presentation, discussion, and possible action
regarding a variance to the Unified Development Ordinance Section 7.2.H.3 ‘Slope Requirement’ for the Luepnitz Subdivision, Block 1, Lot 1 generally located at 3201 Rock Prairie Road, which is zoned C-3 Light Commercial. Case #AWV2019-000016.
Jade Broadnax, Staff Planner, presented the staff report and stated that the applicant is
requesting a reduction of the 1:2 slope that limits a non-residential building’s height next to a
single family property line.
There was general discussion amongst the Board regarding the variance request.
Chairperson Roberts opened the public hearing.
No one spoke.
Chairperson Roberts closed the public hearing.
There was a general discussion amongst the Board.
Board Member Mayne motioned to approve the variance as it will not be contrary to the public
interest, due to the special condition of enjoyment of substantial property right. Board Member
Sharp seconded the motion.
Chairperson Roberts called for the vote. Motion to approve passed (5-0).
Board Member Mayne recused himself at 6:12 p.m.
AGENDA ITEM NO. 6: Public Hearing, presentation, discussion, and possible action regarding a sign variance to the Unified Development Ordinance Section 7.5.I ‘Attached Signs’, for property generally located at 700 University Drive East, Suite 202B and 700 University Drive East, Suite B, which is zoned GC General Commercial and OV Corridor Overlay. Case #AWV2019-000015.
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Justin Constantino, Staff Planner, presented the staff report and stated that the applicant is
requesting an increase in attached building signage and additional attached signage to be
placed on the neighboring building.
There was general discussion amongst the Board regarding the variance request.
Chairperson Roberts opened the public hearing.
Applicant, Anand Agarwala, spoke in favor of the variance request.
John Clark, 3828 South College Avenue, Bryan Texas, spoke in favor of the variance request.
Chairperson Roberts closed the public hearing.
There was a general discussion amongst the Board.
Chairperson Roberts motioned to approve the variance as it will not be contrary to the public
interest due to special conditions such as the enjoyment of substantial property right. Board
Member Allison seconded the motion.
Chairperson Roberts called for the vote. Motion to approve failed (3-1) with Board Member Smith
voting in opposition.
AGENDA ITEM NO. 7: 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. 8: Adjourn
The meeting was adjourned at 6:53 p.m.
ATTEST: APPROVED:
_________________________________ _______________________________ Crystal Derkowski, Staff Assistant Keith Roberts, Chairman
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Zoning Board of Adjustment Page 1 of 4March 3, 2020
VARIANCE REQUEST
FOR700 Maryem Street
AWV2020-000001
REQUEST:A 2.5-foot reduction to the minimum 7.5-foot side setback as set forth in
Section 5.2 ‘Residential Dimensional Standards’
LOCATION:700 Maryem
West Park 2nd Addition, Block A, Lot 1
ZONING:GS General Suburban
PROPERTY OWNER:Lala Vida LLC Series 1
APPLICANT:Scott Hancock, Hancock Custom Homes LLC
PROJECT MANAGER:Treston Rodriguez, Staff Planner
trodriguez@cstx.gov
BACKGROUND: The applicant has an existing structure located on the subject property that falls
underneath overhead powerlines. In an attempt to redevelop the property, the
applicant is requesting a 2.5-foot reduction to the minimum 7.5-foot side
setback as set forth in Section 5.2 ‘Residential Dimensional Standards’ to shift
the buildable area of the property away from the powerline.
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.
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Zoning Board of Adjustment Page 2 of 4March 3, 2020
NOTIFICATIONS
Advertised Board Hearing Date:March 3, 2020
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:
None
Property owner notices mailed: 24
Contacts in support:None at the time of this report
Contacts in opposition:None at the time of this report
Inquiry contacts:1
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GS General Suburban Single-Family Home
North GS General Suburban Single family across the adjacent alley/utility
corridor
South GS General Suburban Single-Family Home
East GS General Suburban Single-Family Home
West GS General Suburban Single-Family Home
PHYSICAL CHARACTERISTICS
1.Frontage: The subject property has approximately 50 feet of frontage on Maryem Street.
2.Access: The subject property takes access from Maryem Street.
3.Topography and vegetation: The subject property is relatively flat with some existing trees.
4.Floodplain: The subject property is not located within FEMA regulated floodplain.
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 deprive the applicant a reasonable use of their land. This property has a
prescriptive easement that runs along the Northern property line, covering an overhead electric distribution
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Zoning Board of Adjustment Page 3 of 4March 3, 2020
line that is currently located over the existing structure. Due to electrical safety concerns, any new
construction on this property will be required to stay at least 10 feet from the overhead line. The location of
the line is cutting into the property’s buildable area, which is a special condition on the property.
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 encroachment of the line restricts the buildable area that the applicant
should be able to utilize. According to College Station Utilities, no building can be within a 10-foot radius of
the existing powerline.
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 variance will not be contrary to public
interest because new construction in a safer location will eliminate the safety issue which currently exists in
which the overhead power line passes directly over the top of the existing structure.
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 West
Park 2nd Addition Subdivision.
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
would not affect the FEMA-designated flood areas.
6.Other property: That these conditions do not generally apply to other property in the vicinity.
Existing electrical infrastructure can be seen throughout Maryem Street; however, there is a line located
directly over the existing single family home on 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, and has been existing in its current configuration
for some time. The overhead power line creates a hardship by reducing the buildable area on the lot
compared to neighboring 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 with the
purposes of the UDO.
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Zoning Board of Adjustment Page 4 of 4March 3, 2020
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 location of the existing electrical infrastructure line creates a hardship by reducing the
buildable area on the lot compared to neighboring properties.
ALTERNATIVES
Other alternatives include the applicant burying the line; however, College Station Utilities has estimated that
the cost of burying one line is unreasonable. They can construct a home that is long and skinny so that the new
home would be the proper distance away from the line; however, in doing so, the product would be a home
shape that is out of character with the other homes in the neighborhood. Another alternative is for the
applicant to continue with the existing structure in its unsafe condition. The applicant has also stated that he
could ask for other variances that would allow him to push the home back.
STAFF RECOMMENDATION
The applicant is seeking a 2.5-foot reduction to the minimum 7.5-foot side setback as set forth in Section 5.2
‘Residential Dimensional Standards’. Due to the special condition of an electric line in a location on the property
that results in a reduced buildable area that puts the property owner at a disadvantage compared to
surrounding properties, and safety concerns that currently exist as the electrical infrastructure is over the
existing structure, Staff recommends approval of the variance request.
ATTACHMENTS
1.Applicant’s Supporting Information
2.Vicinity Map, Aerial, and Small Area Map
3.Variance Exhibit – Proposed Site Plan
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Name of Project: Setback Variance
Address: 700 MARYEM ST
Legal Description: WEST PARK (CS) PH 2, BLOCK A, LOT 1
Applicant: HANCOCK CUSTOM HOMES LLC
Property Owner: LALA VIDA LLC SERIES 1
Applicable ordinance section being appealed/seeking waiver from:
7.5ft side setback required
The following specific variation to the ordinance is requested:
Reduction in the side setback on the right side of the property from 7.5 ft to 5 ft. (Total reduction of 2.5ft)
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Overhead power line creates unnecessary hardship by reducing buildable area on the lot compared to
neighboring properties
The following alternatives to the requested variance are possible:
(1) CSU has been unable to provide a plan to relocate the line because the lack of existing easements and the
size and configuration of the overhead set-up.
(2) A more extensive variance to move the house further back beyond the front contextual setback and front
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
The following special condition exists:
The overhead power line bisecting the lot reduces the buildable area and increases side setback to 16ft
because of the required 10ft separation between the house and the power line.
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parking variance for more than 50% coverage would also solve the problem.
The variance will not be contrary to public interest due to:
Variance will not be contrary to public interest because it will eliminate the safety issue which currently exists
in which the overhead power line passes directly over the top of the existing structure.
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