HomeMy WebLinkAbout02/01/2022 - Agenda Packet - Zoning Board of AdjustmentsCollege Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Ave, College Station, TX 77840
https://zoom.us/j/87163600072
Phone: 888 475 4499 and Webinar ID: 871 6360 0072
The City Council may or may not attend the Planning & Zoning Commission Regular Meeting.
February 1, 2022 6:00 PM City Hall Council Chambers
College Station, TX Page 1
This meeting will offer both in-person and remote participation following both the City’s
Guidelines for in-person, virtual attendance, and the speaker protocol in the agenda. The city
uses a third-party vendor to help host the meeting and if the call-in number is not functioning
access will be through the internet link only.
1.Call meeting to order
2.Agenda Items
2.1.Consideration, discussion, and possible action to approve meeting minutes:
May 4, 2021
2.2.Discussion of Approved Administrative Adjustments:
AWV2021-000015 Gringos; 4300 State Highway 6 S.; Parking Space Length (JD)
AWV2021-000011 315 College Main; Parking Space Length (JD)
AWV2021-000018 Fish Daddy’s; 1611 University Dr.E.; Number of Off-Street Parking
Spaces (JD)
AWV2021-000020 201 Gilchrist Ave. & 1209 Foster Ave.; Lot Width (DW)
AWV2021-000023 5927 Eldora; SIde Street Setback (JD)
2.3.Public Hearing, presentation, discussion and possible action regarding a side setback variance to
Unified Development Ordinance (UDO) Section 5.2 'Residential Dimensional Standards' and a
height variance to Section 6.5.B.4.b 'Accessory Structures' for the property located at 4107 Pomel
Circle. The subject property is zoned GS General Suburban. Case #AWV2021-000022
2.4.Presentation, discussion, and possible action regarding an update to the Zoning Board of
Adjustment Rules and Procedures.
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.
4.Adjourn.
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Zoning Board of Adjustment
Page 2 February 1, 2022
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 on the website and at College Station City Hall,
1101 Texas Avenue, College Station, Texas, on January 26, 2022 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.”
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May 4, 2021 Zoning Board of Adjustments Minutes Page 1 of 2
MINUTES
ZONING BOARD OF ADJUSTMENT
Regular Meeting
May 4, 2021 6:00 P.M. Internet: https://zoom.us/j/99176542617
Phone: *888 475 4499 and Meeting ID: 991 7654 2617
MEMBERS PRESENT: Chairperson Smith, Howard Mayne, Fred Dupriest, William Pugh, and Rachel Smith
CITY STAFF PRESENT: Molly Hitchcock, Rachel Lazo, Leslie Whitten, and Crystal Fails
1. Call meeting to order Chairperson Smith called the meeting to order at 6:05 p.m. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes:
Member Smith motioned to approve the meeting minutes from December 8, 2020. Member Mayne seconded the motion, motion passed (5-0).
2.2. Public Hearing, presentation, discussion and possible action regarding a variance to
Unified Development Ordinance (UDO) Section 6.5.B.1 'Accessory Structures' to
allow an accessory structure larger than 25% of the habitable floor area of the
principal structure for the property located at 903 Francis Drive. The subject
property is zoned GS General Suburban. Case #AWV2021000013
Rachel Lazo, Staff Planner, presented the staff report and stated that the applicant is
requesting a variance to allow an accessory structure larger than 25% of the habitable
floor area of the principal structure.
There was general discussion amongst the Board regarding the variance request and the
existing structures.
Chairperson Smith opened the public hearing.
Applicant, Dana Hudson, spoke in favor of the variance request.
Citizen, Richard Smith, 703 Francis, spoke against the variance request.
Chairperson Smith closed the public hearing.
There was general discussion amongst the Board regarding the variance request, the
existing structures, the character of the property and neighborhood, and the size of the
proposed additional accessory structure.
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May 4, 2021 Zoning Board of Adjustments Minutes Page 2 of 2
Board Member Mayne motioned to approve the variance as it would result in loss
a substantial property right. Board Member Dupriest seconded the motion.
Chairperson Smith called for the vote. Motion to approve failed (3-2).
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 6:58 p.m.
Approved: Attest: ______________________________ ________________________________ Mark Smith, Chairperson Crystal Fails, Staff Assistant
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Zoning Board of Adjustment Page 1 of 4 February 1, 2022
VARIANCE REQUEST
FOR
4107 POMEL CIR
AWV2021-000022
REQUEST: A 1-foot reduction to the minimum 7.5-foot side setback as set forth in Section
5.2 ‘Residential Dimensional Standards’ and variance to maximum eave height
set forth in Section 6.5.B.4.b ‘Accessory Structures’ to allow for a 9-foot
structure.
LOCATION: 4107 Pomel Circle
Reatta Meadows Sec 1, PH 2, Block 6, Lot 10
ZONING: GS General Suburban
PROPERTY OWNER: Manjinder Badhan
APPLICANT: Manjinder Badhan
PROJECT MANAGER: Robin Macias, Staff Planner
rmacias@cstx.gov
BACKGROUND: Accessory structures over 120 sq. ft., on a permanent foundation, and/or with
utilities are required to obtain a building permit from the City of College Station
so that the City can confirm it meets safety and zoning-related regulations.
Without a building permit, the applicant has constructed a 320 sq.ft. storage
building 1 foot within the required side setback and 1 foot taller than accessory
structures are allowed to be.
The City learned about the structure after its construction and notified the
applicant of the need for a building permit.The applicant has since applied for a
building permit, but the existing structure and its location cannot be approved
as they do not meet minimum standards; thus the applicant is seeking a
variance to the maximum allowable height of accessory structures to allow for a
9-foot structure as set forth in Section 6.5.B.4.b ‘Accessory Structures’ and a 1
foot reduction to the minimum 7.5-foot side setback as set forth in Section 5.2
‘Residential Dimensional Standards’.
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Zoning Board of Adjustment Page 2 of 4 February 1, 2022
APPLICABLE
ORDINANCE SECTION: UDO Section 5.2 ‘Residential Dimensional Standards’ and Section 6.5.B.4.b
‘Accessory Structures’
ORDINANCE INTENT: UDO Section 5.2 ‘Residential Dimensional Standards’ sets minimum setback
standards 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.
UDO Section 6.5.B.4.b ‘Accessory Structures’ sets a maximum building eave
height of eight feet for accessory structures to lessen their visual and spatial
impacts on surrounding properties.
RECOMMENDATION: Staff recommends denial of the variance requests.
NOTIFICATIONS
Advertised Board Hearing Date: February 1, 2022
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:
Reatta Meadows HOA
Property owner notices mailed: 19
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: There has been one inquiry at the time of this report
ADJACENT ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GS General Suburban Single-Family Home
North GS General Suburban Single-Family Home
South GS General Suburban Single-Family Home
East GS General Suburban Newport Lane ROW
West GS General Suburban Pomel Circle ROW
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has approximately 50 feet of frontage on Pomel Circle.
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Zoning Board of Adjustment Page 3 of 4 February 1, 2022
2. Access: The subject property takes access from Pomel Circle.
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.
Staff has found no extraordinary or special condition exists that would deprive the applicant a reasonable
use of the land. While the property’s shape has more of an acute angle at one of the rear property corner
than other cul-de-sac lots in the area, this lot has more space to build an accessory storage structure that
conforms to the requirements set forth in the UDO. The angle at the back of the lot would not have an
effect on the ability to meet side setback and height requirements.
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 not necessary for the preservation and enjoyment of the substantial property right of the
applicant. If the proposed variance is not granted, the applicant can rebuild an accessory structure that is in
compliance with section 6.5 ‘Accessory Structures’ and Section 5.2 ‘Residential Dimensional Standards’. If
the variance is not granted, the applicant is not being denied a substantial property right of a single-family
lot.
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.
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 Reatta
Meadows 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.
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.
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Zoning Board of Adjustment Page 4 of 4 February 1, 2022
6. Other property: That these conditions do not generally apply to other property in the vicinity.
Cul-de-sac lots exist throughout the vicinity. By their nature these lots make up for angled lot lines by
providing more area. The subject property is one of the largest lots in the Reatta Meadows Subdivision. The
Accessory Structure and Residential Dimensional Standards apply to all property within the GS General
Suburban zoning district and are not unique to this property.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
A hardship has occurred based upon the applicant’s own actions and does not occur due to an extraordinary
condition of the land. The accessory structure was built prior to approval from the City of College Station. The applicant states that he discussed the placement of the structure with the HOA and was unaware of the
City’s requirements and that a building permit was needed at the time of construction.
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 does not restrict the applicant in the
utilization of their property.
ALTERNATIVES
Other alternatives include the applicant moving the existing structure and modifying the height of the structure;
however, this would require the applicant to modify the structure they have already constructed.
STAFF RECOMMENDATION
The applicant is seeking a 1- foot variance to the minimum 7.5-foot side setback as set forth in Section 5.2
‘Residential Dimensional Standards’ and a variance to height set forth in Section 6.5.B.4.b ‘Accessory Structures’
to allow for a 9 foot structure. Due to the lack of meeting the required criteria, Staff recommends denial of the
variance requests.
ATTACHMENTS
1. Applicant’s Supporting Information
2. Applicant’s Photographs of Structure
3. Site Plan
4. Vicinity Map, Aerial, and Small Area Map
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Name of Project: REQUESTING SIDE YARD SETBACK VARIANCE
Address: 4107 POMEL CIR
Legal Description: REATTA MEADOWS SEC 1, PH 2, BLOCK 6, LOT 10
Applicant: MANJINDED BADHAN
Property Owner: BADHAN MANJINDER
Applicable ordinance section being appealed/seeking waiver from:
Setback required from side yard
The following specific variation to the ordinance is requested:
Side yard setback
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
The storage shed was built. it will be impossible for us to move. To meet the required set back we will have
tear down the shed since it is not a kit.
The following alternatives to the requested variance are possible:
N/a
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
The following special condition exists:
We are requesting, for adjustment of the side yard set back. Our storage shed was built according to the
setback suggested by the HOA, it was set at ¶but we built it at 6 ¶but we didn¶t know a permit was
required for storage and the set back required was 7 ¶We kindly request if it is possible to get our side
yard setback adjusted. The neighbor next is willing to sign a letter saying they are ok with the shed placement
where it was built.
Page 1 of 2
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The variance will not be contrary to public interest due to:
N/a
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Planning & Development Services • 1101 Texas Avenue, PO Box 9960 • College Station, TX 77840
Office 979.764.3570 / Fax 979.764.3496
MEMORANDUM
February 1, 2022 TO: Members of the Zoning Board of Adjustment FROM: Molly Hitchcock, AICP Assistant Director, Planning & Development Services SUBJECT: ZBA Rules and Procedures
Item: Presentation, discussion, and possible action regarding an update to the Zoning Board of Adjustment Rules and Procedures. Summary: The Zoning Board of Adjustment Rules and Procedures is a document intended to provide general information regarding:
• how a person may request to have an item considered by the Board,
• how the public is notified,
• how the Board may receive information regarding the request,
• how meetings are managed, and
• how a decision made by the ZBA may be reheard or appealed. The Rules and Procedures document was last updated in 2006. The guidelines have become outdated as technology upgrades, new state laws, and changes in the organization of the City’s ordinances and the Planning and Development Department have occurred. Also since that time, the Board and staff have benefited from Legal clarifications in processes.
Notable proposed changes in the Rules and Procedures include:
• a clearer introduction of the powers and duties of the Board;
• an update to the Application section to reflect the City’s implementation of online project processing;
• an update to processes and timelines to comply with state law adopted by the 86th and 87th legislative sessions;
• the addition of protocol clarifications requested by previous Board members; and
• updated references to names.
Attachments 1. Proposed Zoning Board of Adjustment Rules and Procedures
2. Proposed Zoning Board of Adjustment Rules and Procedures – redlines
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ZONING BOARD OF ADJUSTMENT
RULES AND PROCEDURES
The Zoning Board of Adjustment (ZBA) hears requests for variances from the standards
of the Unified Development, Flood Hazard Protection, and Easterwood Field Airport
Zoning ordinances; appeals of the Administrator’s decisions; interpretations of the Official Zoning Map; expansions of buildings with nonconforming uses; special exceptions for parking in residential yards; and deviations from the distance requirements for the keeping of domestic livestock. The ZBA is a fact-finding body, quasi-judicial,
and required to make findings of certain criteria to grant requests. Positive action requires
an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting.
The ZBA shall develop and adopt rules in accordance with State law and City ordinance
to govern the ZBA and its meetings. I. APPLICATION
A complete application and payment of the associated application fee are
required for a request to be considered by the Zoning Board of Adjustment.
Applications are to be made online through the City of College Station’s
project processing system
The Administrator can assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application.
Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Administrator shall inform the applicant of any extra materials required.
II. NOTICE
The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than 15 days prior to the meeting.
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The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by
certified mail not less than 15 days prior to the meeting.
≈ Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening
structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties.
≈ Notice by certified mail to such owners shall correspond to the
owner’s names and address as shown on certified tax roles even if the tax rolls are incorrect or outdated.
The Secretary to the Board shall place a notice of the ZBA meeting in
THE EAGLE not less than 15 days prior to the meeting.
III. PROHIBITION ON EX PARTE COMMUNICATIONS
The Board is a quasi-judicial body with authority to decide the rights of individual parties, subject to the requirements of state law and the City of College Station Code of Ordinances. In deference to its decision-making role, no one other than City staff may contact a board member outside of a public hearing regarding a matter that is pending, or may in the future be
pending, before the Board. All communications to the Board outside of a public hearing should be directed to the staff liaison.
Board members shall not individually investigate cases before the Board, other than routine site visits or reviewing publicly available information.
A Board member that receives material information regarding a case that
is not made available to other Board members may not participate in the case unless the member publicly discloses the information and its source as the earliest reasonable opportunity. A Board member may disqualify themselves if an applicant, interested party, or agent has sought to influence the member’s vote other than in a public hearing or through
documents made available at the public hearing.
IV. MEETINGS
Robert’s Rule of Order, newly revised, shall be followed.
Meetings shall be held the first Tuesday of each month at 6:00 PM.
Packets for ZBA Members shall be emailed by the Secretary of the Board at least one week before the meeting.
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Each item before the ZBA must be heard by at least four (4) members.
The ZBA may act on any request with or without the applicant’s presence at the meeting.
When hearing requests, this procedural format shall be followed:
≈ Staff Report
≈ ZBA Members ask questions
≈ Public Hearing
≈ ZBA discussion and action V. MINUTES
Minutes of the meeting shall be typed by the Secretary to the Board in
paraphrased form to reflect pertinent points of discussion (in the Secretary’s judgement). No transcription will be made.
Minutes shall be signed by the Chairman after they are approved
by the ZBA.
VI. PUBLIC HEARING
Witnesses shall be placed under oath by the Chairman using this
statement: “Do you swear or affirm to tell the truth in this proceeding
under penalties of perjury?”
Witnesses include the applicant and interested persons.
VII. MOTIONS
Motions shall be made on the Motion Format Form and be positive or negative.
Negative motions (motions to deny a request) should be made when the
ZBA finds that the request has not met all of the criteria required to grant the request.
Negative motions which fail do not imply the request is granted. Requests
are only granted when a positive motion is passed by at least four (4) ZBA
Members. Requests are denied when a negative motion is passed by a majority of members present.
If a negative motion does not receive a majority of votes, or a positive
motion does not receive at least four (4) votes, the request is not granted.
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Once the vote result is announced by the Chairperson, a member of the prevailing party may request that the motion be reconsidered. A motion to
reconsider must receive a second, must occur during the same meeting,
and must receive a majority to pass. If the motion to reconsider passes, the original motion is back on the floor and may be amended in accordance with Robert’s Rule of Order, discussed further, and considered. If the motion to reconsider fails, the result of the original
motion prevails.
VIII. REHEARING
Applicants must have the ZBA’s approval to present the same or a similar
request regarding the same property after denial of such request by the
ZBA.
When a request is denied, within ten (10) days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this
request, the applicant must submit to the Administrator new information
that was previously not available to the Board.
Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda.
To decide to rehear a request, the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property’s special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion,
and passage by a majority of members present.
The determination that information previously not available is relevant to a request’s hardship and special condition does not necessarily indicate the eventual approval of a request.
If the ZBA approves a request to rehear, the applicant must pay a new fee within ten (10) days to be scheduled for a future meeting. IX. APPEAL DECISION
If an applicant wishes to appeal a ZBA decision, he/she must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning and Development Services Department.
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ZONING BOARD OF ADJUSTMENT
RULES AND PROCEDURES
The Zoning Board of Adjustment (ZBA) hears requests for variances from the standards
of the Unified Development, Flood Hazard Protection, and Easterwood Field Airport
Zoning ordinances; and special exceptions, appeals of Zoning Officialthe ’sAdministrator’s decisions;, Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests, interpretations of the Official zZoning mMap; expansions of buildings with nonconforming uses;and PITY ordinance special exceptions for parking
in residential yards; and deviations from the distance requirements for the keeping of
domestic livestock. The ZBA is a fact-finding body, quasi-judicial, and required to make findings of certain criteria to grant requests.and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of
the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals
must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance
to govern the ZBA and its meetings.
I. APPLICATION A complete application and payment of the associated application fee are required
for Any a request to be considered by the Zoning Board of Adjustment.variance
request, special exception, appeal of a decision of the
Zoning Official or floodplain ordinance variance request shall be preceded by the applicant submitting to the Zoning Official a completed:
1). Application 2). Request Form
Applications and request forms are available from the Planning Division
Office.Applications are to be made online through the City of College
Station’s project processing system
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The Zoning OfficialAdministrator shall can assist the applicant in determining the zoning of the tract and in identifying the applicable
ordinance section for the application.
The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form.
Additional materials may be required of the applicant such as site plans,
elevation drawings, and floor plans. The Zoning OfficialAdministrator shall inform the applicant of any extra materials required.
An applicant shall submit a non-refundable fee of $380.00, payable to the
City of College Station, to defray notification costs. The $380.00 will be
taken when the completed application and request form are submitted. II. APPEAL OF ZONING OFFICIAL DECISION
Appeals of Zoning Official decisions shall be filed within thirty (30) days of the decision.
The ZBA shall hear the appeal within sixty (60) days after the application and request forms are received by the Zoning Official.
The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, or decision, of the Zoning Official by a concurring vote of at least four (4) of the five (5) members.
The completed application and request form must be received by the the Planning Office by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline/Meeting Date Information schedule.
When the application and request form are received the item will be placed on the next
available ZBA Meeting agenda. All required notices will be published. The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda.
NOTICE
The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than 15 days prior to the meeting.
The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than 15 days prior to the meeting.
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≈ Such owners shall be determined by the Secretary to the Board.
When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other
properties.
≈ Notice by certified mail to such owners shall correspond to the owner’s names and address as shown on certified tax roles even if the tax rolls are incorrect or outdated.
At the applicant’s request, the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than 15 days before the meeting.
The Secretary to the Board shall place a notice of the ZBA meeting in
THE EAGLE not less than 15 days prior to the meeting. III. PROHIBITION ON EX PARTE COMMUNICATIONS
The Board is a quasi-judicial body with authority to decide the rights of individual parties, subject to the requirements of state law and the City of College Station Code of Ordinances. In deference to its decision-making role, no one other than City staff may contact a board member outside of a
public hearing regarding a matter that is pending, or may in the future be pending, before the Board. All communications to the Board outside of a public hearing should be directed to the staff liaison.
Board members shall not individually investigate cases before the Board, other than routine site visits or reviewing publicly available information.
A Board member that receives material information regarding a case that is not made available to other Board members may not participate in the case unless the member publicly discloses the information and its source as the earliest reasonable opportunity. A Board member may disqualify themselves if an applicant, interested party, or agent has sought to
influence the member’s vote other than in a public hearing or through documents made available at the public hearing.
IV. MEETINGS
Robert’s Rule of Order, newly revised, shall be followed.
Meetings shall be held the first Tuesday of each month at 6:00
PM.
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Packets for ZBA Members shall be emailed by the Secretary of the Board at least one week the Friday before the meeting.
Each item before the ZBA must be heard by at least four (4) members.
The ZBA may act on any request with or without the applicant’s presence
at the meeting.
When hearing requests, this procedural format shall be followed:
≈ Staff Report
≈ ZBA Members ask questions
≈ Public Hearing
≈ ZBA discussion and action
V. MINUTES
The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years.
Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary’s judgement). No transcription will be made.
Minutes shall be signed by the Chairman after they are approved
by the ZBA. VI. PUBLIC HEARING
Witnesses shall be placed under oath by the Chairman using this
statement: “Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?”
Witnesses include the applicant and interested persons.
VII. MOTIONS
Motions shall be made on the Motion Format Form and be positive or negative.
Negative motions (motions to deny a request) should be made when the ZBA finds that the request has not met all of the criteria required to grant the requestno special conditions, no undue hardship, or that the spirit of the ordinance will not be preserved.
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Negative motions which fail do not imply the request is granted.
Requests are only granted when a positive motion is passed by at least
four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present.
If a negative motion does not receive a majority of votes, or a positive
motion does not receive at least four (4) votes, the request is not granted.
Once the vote result is announced by the Chairperson, a member of the prevailing party may request that the motion be reconsidered. A motion to reconsider must receive a second, must occur during the same meeting, and must receive a majority to pass. If the motion to reconsider passes,
the original motion is back on the floor and may be amended in
accordance with Robert’s Rule of Order, discussed further, and considered. If the motion to reconsider fails, the result of the original motion prevails.
VIII. REHEARING
Applicants must have the ZBA'’s approval to present the same or a similar request regarding the same property after denial of such request by the ZBA.
When a request is denied, within ten (10) days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this request, the applicant must submit to the Administrator new information that was previously not available to the Board.
Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda.
To decide to rehear a request, the ZBA must determine the information
provided by the applicant is new and relevant to their decision point of a
hardship(s) as a result of a property'’s special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion, and passage by a majority of members present.
The determination that information previously not available is relevant to
a request'’s hardship and special condition does not necessarily indicate the eventual approval of a request.
If the ZBA approves a request to rehear, the applicant must pay a new fee
by an established deadlinewithin ten (10) days to be scheduled for a future
meeting.
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IX. APPEAL DECISION
If an applicant wishes to appeal a ZBA decision, he/she must file a petition
with a court of record within ten (10) days after the date the decision is filed in the Planning DivisionPlanning and Development Services OfficeDepartment.
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