HomeMy WebLinkAbout11/10/2020 - Agenda Packet - Zoning Board of AdjustmentsCollege Station, TX
Meeting Agenda
Zoning Board of Adjustment
Internet: https://zoom.us/j/97945007811
Phone: *888 475 4499 and Meeting ID: 979 4500 7811
The City Council may or may not attend the Planning & Zoning Commission Regular Meeting.
November 10, 2020 6:00 PM 1101 Texas Ave, College Station,
TX 77840
College Station, TX Page 1
*The City uses a thirdparty vendor to help host the meeting and if the callin number is not
functioning access will be through the internet link only.
1.Call meeting to order and consider absence requests.
2.Hear Visitors.
Speaker Protocol: An individual who wishes to address the Board regarding any item on the Regular
Agenda, shall register with the Board Secretary prior to 4 p.m. on the day of the meeting. To register,
the individual must provide a name and phone number by calling 979.764.6361 or emailing
cderkowski@cstx.gov prior to 4 p.m. To submit written comments to the Board, email
cderkowski@cstx.gov and they will be distributed to the Board. Upon being called to speak, an
individual must state their name and city of residence, including the state of residence if the city
islocated out of state. Speakers are encouraged to identify their College Station neighborhood or
geographic location. Each speaker's remarks are limited to three (3) minutes. Any speaker
addressing the Board through the use of a translator may speak for six (6) minutes. At the (3) minute
mark, the Board Secretary will announce that the speaker must conclude their remarks.
3.Agenda Items
3.1.Consideration, discussion and possible action to approve meeting minutes:
Attachments:1.March 3, 2020
3.2.Discussion of Approved Administrative Adjustments:
AWV2020000005 The Barracks; 3695 General Parkway; Front Setback (JD)
AWV2020000007 Tower Point Office Condos; 4438 State Highway 6 S.; Rear Setback
(JD)
AWV2020000008 Popeye's; 2422 Texas Avenue; Parking Setback (JD)
AWV2020000010 Dunkin Donuts; 12061 FM 2154; Number of Parking Spaces (JD)
3.3.Public Hearing, presentation, discussion and possible action regarding a rear setback variance
to the Unified Development Ordinance Section 5.2 'Residential Dimensional Standards,' for the
Oakwood Subdivision Block 3 Lots 12 and 18’ of Lot 3, generally located at 101 Lee Avenue,
which is zoned GS General Suburban and NCO Neighborhood Conservation Overlay. Case
#AWV2020000009
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Zoning Board of Adjustment
Page 2 November 10, 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.
Adjournment into Executive Session may occur in order 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 City Hall, 1101 Texas Avenue,
College Station, Texas, on November 3, 2020 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) 7643541, TDD
at 18007352989, 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 SubCapitulo 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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March 3, 2020 Zoning Board of Adjustments Minutes Page 1 of 2
MINUTES
ZONING BOARD OF ADJUSTMENT
Regular Meeting
March 3, 2020
Council Chambers College Station City Hall
1101 Texas Avenue 6:00 P.M.
MEMBERS PRESENT: Chairperson Smith, Howard Mayne, Scott Raisor and Rachel Smith. CITY STAFF PRESENT: Molly Hitchcock, Treston Rodriguez, Leslie Whitten, and Crystal Derkowski 1. Call Meeting to Order.
Chairman Smith called the meeting to order at 6:00 p.m.
2. Agenda Items
2.1 Consideration, discussion, and possible action to approve meeting minutes.
• December 3, 2019 Member Mayne motioned to approve the meeting minutes from December 3, 2019. Member Smith seconded the motion, motion passed (4-0).
2.2 Discussion of approved Administrative Adjustments
• AWV2019-000012 14015 Renee Lane; Administrative Adjustment – Lot Depth.
• AWV2019-000018 700 University Drive East; Administrative Adjustment – Attached Signage. There was no discussion 2.3 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 GC
General Suburban. Case #AWV2020-000001. Treston Rodriguez, Staff Planner, presented the staff report and stated that the applicant is
requesting an 2.5-ft variance to the 7.5-ft side setback requirements.
There was general discussion amongst the Board regarding the variance request.
Chairperson Smith opened the public hearing.
Applicant, Kurt Fisher, spoke in favor of the variance request.
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March 3, 2020 Zoning Board of Adjustments Minutes Page 2 of 2
Chairperson Smith 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 special conditions such as the powerlines on the lot reduces the buildable area on the lot depriving the landowner of reasonable use of the land. Board Member Smith seconded the motion. Chairperson Smith called for the vote. Motion to approve passed (4-0).
2.4 Presentation, discussion and regarding HB 2947 passed by the 86th Texas Legislature. Assistant Director Hitchcock presented the board with an update on the passing of HB 2947 by the 86th Texas Legislature. There was no discussion. 3. 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.
4. Adjourn
The meeting adjourned at 6:20 p.m. Approved: Attest: ______________________________ ________________________________ Mark Smith, Chairman Crystal Derkowski, Staff Assistant
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Zoning Board of Adjustment November 10, 2020 Page 1 of 7
VARIANCE REQUEST
for 101 Lee Avenue AWV2020-0000009 REQUEST: A variance of 16 feet to the minimum 20-foot rear setback as set forth in Section 5.2 ‘Residential Dimensional Standards.’ LOCATION: 101 Lee Avenue Oakwood Block 3, Lots 1-2 & 18’ of 3
ZONING: GS General Suburban and
NCO Neighborhood Conservation Overlay
PROPERTY OWNER: Kerry and Angela Stein
APPLICANT: Kerry Stein
PROJECT MANAGER: Jesse DiMeolo, Staff Planner jdimeolo@cstx.gov BACKGROUND: The property includes two main structures: The former home of F.W. Hensel, a prominent College Station citizen and alumnus/professor of Texas A&M, and a campus accessory structure "the Professor's Cottage" that Mr. Hensel relocated to the property when the home was built in 1941. The applicant wishes to restore and increase the size of the accessory unit and in doing so is requesting a variance to help facilitate the endeavor. City Ordinance allows the owner of this property to seek a deviation from this distance to the Zoning Board of Adjustment; therefore the applicant is requesting a variance to the Unified
Development Ordinance Section 5.2 to allow for a reduction of 16 feet to the minimum 20-foot rear setback for GS General Suburban zoning districts.
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Zoning Board of Adjustment November 10, 2020 Page 2 of 7
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 request.
NOTIFICATIONS
Advertised Board Hearing Date: November 10, 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: 9
Contacts in support: None at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: 3
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GS General Suburban (Neighborhood Conservation Overlay)
Detached single-family residential
Northwest
(across George Bush Drive)
C-U College and University Texas A&M University Campus
South
(across Lee Avenue)
GS General Suburban
(Neighborhood Conservation Overlay)
Detached single-family residential
East GS General Suburban
(Neighborhood Conservation Overlay)
Detached single-family residential
Northeast
(across Timber Street)
GS General Suburban College Station ISD
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Zoning Board of Adjustment November 10, 2020 Page 3 of 7
PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 95 feet of frontage on Timber Street, 152
feet of frontage on George Bush Drive, and 95 feet of frontage on Lee Avenue. 2. Access: The subject property is currently taking access from Timber Street.
3. Topography and Impervious Cover: The subject property slopes four feet from the southeast corner towards the northern corner at Timber Street. According to City estimates,
the impervious cover for the entire lot does not exceed 55%. In the future, when the landowner applies for a building permit, a more detailed calculation will be needed showing that the maximum impervious cover limit has not been exceeded.
4. Vegetation: The property has several canopy trees on site. As per the NCO
Neighborhood Conservation Overlay ordinance, any existing tree of eight-inch caliper or greater in good form and condition and reasonably free of damage by insects and/or disease located outside the buildable area are required to be barricaded and
preserved during construction.
5. Floodplain: The subject property is not located within FEMA regulated floodplain.
REVIEW CRITERIA According to Unified Development Ordinance Section 12-3.19.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.
Extraordinary conditions exist on this property. The property is surrounded by public right-of-way on three sides, with the rear setback designation along Timber Street. Normally, a residential property will back up to another residential property, but this one does not; therefore, an encroachment into the rear setback will not directly affect a neighbor to the rear.
In addition, the property is buffered from the Timber Street right-of-way by an additional 5 feet of reserved tract that was platted in the 1930’s. The 5-foot reserved strip of land falls within the fenced 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 accessory structure,
which was placed in its current location in 1941 in a visible location from campus. The applicant has expressed that an expansion of the structure to the north or west would interfere with the visible façade of the original structure.
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.
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Zoning Board of Adjustment November 10, 2020 Page 4 of 7
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 adjacent and subject properties are platted and located within the Oakwood Subdivision. 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.
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 as the site is already developed and 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 development conditions of the subject property generally do not apply to other property in the vicinity. This property and a couple of its neighbors make up a non-typical, single tier block. Instead of having other residential properties to the rear, they back up to a public right-of-way and reserve tract.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
The applicant owns a piece of property in a unique location with a non-conforming structure, “the Professor’s Cottage,” that is encroaching into the rear setback. This structure has been there since the early 1940’s and its current location limits how the structure may be enlarged.
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 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 rear setback standard of 20-feet restricts the applicant in the utilization of their property. The location of the existing, non-conforming structure limits the
possible locations for future expansion, which by virtue of backing against a reserve tract and right-of-way, will not impact a property to the rear.
ALTERNATIVES One alternative would be to move the Professor’s Cottage and construct the addition within a conforming location. The applicant has stated that “this would be aesthetically unappealing to the public and especially the adjacent neighbor”. There is also the option to expand the accessory structure to the west.
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Zoning Board of Adjustment November 10, 2020 Page 5 of 7
STAFF RECOMMENDATION Based upon meeting variance criteria, especially the special conditions of being a one-tier block where the subject property backs up to a reserve strip and right-of-way, resulting in a hardship that limits the location for expansion of an allowed accessory structure, Staff recommends approval of the variance request.
SUPPORTING MATERIAL 1. Application Letter 2. Land Survey
3. Vicinity Map, Aerial, and Small Area Map
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September 30th , 2020
Zoning Board of Adjustment
College Station, TX
Re: Variance Request for Construction and Restoration at 101 Lee Ave., 77840
Project Name: The F.W. Hensel House Restoration/Preservation
Dear Representatives of the Board,
This is a cover letter to be uploaded as an attachment with our Etrakit3 submittal. The submittal is a request for a
variance of the designated building setback along the northeast property line at 101 Lee Ave. We, the owners of
the property are committed to restoring and preserving the two historical structures on the site, and this variance
will facilitate that endeavor. We believe that the variance will not only benefit us, but we also believe it serves the
interest of the community.
If permitted the opportunity, we will share our plans in additional detail with the board, so that you may make a
complete informed decision.
Sincerely,
Kerry and Angela Stein
101 Lee Ave.
College Station, TX 77840
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NAME of PROJECT: The F.W. Hensel House Restoration/Preservation
Variance Application
Applicable Ordinance
UDO - Appendix A - Article 5 - Section 5.2
Variance Requested
Reduce the setback along the northeast property line to 7.5’ (equivalent to a side lot line variance). The variance
would allow for the restoration of the Professor’s Cottage and for a one-room addition. In 1941, the Professor’s
Cottage was moved from campus and placed ~ 8’ from the platted lot line. With the rear lot line designation, the
structure becomes non-conforming.
Special Conditions
1) The lot at 101 Lee Ave is bordered on three sides by streets.
2) The property includes two historical structures: The home of F.W. Hensel, a prominent College Station
citizen and outstanding alumnus/professor of Texas A&M, and a campus structure "the Professor's
Cottage" that Mr. Hensel relocated to the property when the home was built in 1941.
3) Mr. Hensel was appointed as the first Landscape Architect for the Texas A&M campus and the
Department of Landscape Art was organized by him. It is easy to surmise that the current layout of the
two buildings at his homesite were part of his professional design.
4) The lot is at/on a very visible location.
5) The property meets the standards for designation of a historical overlay
6) There is a 5-foot reserved strip of land along and outside the subject property line (northeast), but within
the fenced property. It was reserved by the realty company in the 1930’s …possibly for an alley way. All
owners since have maintained and used this strip of land as if it was part of their property, and property
tax appraisals have included this additional lot square footage. (I.e. Property owners along this stretch of
Lee Ave. have paid property taxes on this land.)
Hardships
1) The owners want to preserve the heritage of both structures on the lot.
2) The Hensel house does not have a modern family room, nor does a viable location exist to make an
addition to the home without radically altering the look and character of the original home.
3) No other lot is encumbered with the same restrictive setbacks due to the unique circumstance of having 3
streets bordering the property.
Alternatives
1) Move the Professor's Cottage and construct the addition within a conforming location. This would be
aesthetically unappealing to the public and especially to the adjacent neighbor.
2) Radically alter the original home or raze/rebuild the house. (i.e. abandon the preservation goal)
Public Interest
1) This variance would facilitate the preservation of an important piece of early College Station heritage.
2) This variance would equate to a 7.5’ setback from the platted lot line which is (in fact) the standard
setback for a side lot line. Given that the subject property is a corner lot, the UDO allows for the
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designation of a side lot line in this instance. (Ref: UDO Appendix A, Article 11, Definition of Lot –
diagram)
3) The variance would have no adverse visual or mechanical or natural impact on the neighbors or on the
community.
4) The variance would allow for the best use of the lot by preserving useable outdoor space. Crowding of
the structures would create an “alley-like” 20-foot wide strip that would be isolated and effectively
wasted.
5) As the property is located in a very visible location, these public interests are magnified. Simply stated, it
would be a shame to lose any aspects of Mr. Hensel’s original home and landscape design.
6) The 7.5 setback would be consistent (or nearly so) with similar accessory structures on neighboring
residential lots. (i.e. The location of the Professor’s cottage and the proposed addition would not look
dissimilar to the neighboring lots on the same street.)
Note: Schematics on following pages
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Schematic Plan View – Northeast is to the top
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Schematic View from the west:
From UDO – Article 11; Note the side lot line designations for the corner lot example as well as
the lack of a rear lot line for a corner lot.
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This schematic demonstrates that the requested variance is consistent with neighboring lots.
(source: The base map is copied from CSTX.gov)
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