HomeMy WebLinkAbout05/05/1987 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
• CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustment
May 5, 1987
7:00 P.M.
MEMBERS PRESENT: All regular members present.
MEMBERS ABSENT: Alternate members Swoboda & Julien
STAFF PRESENT: Zoning Official Kee and Planning Technician
Volk
Using the Chair's discretion, Mrs. Meyer reversed the order of
agenda item numbers 1 and 2.
AGBNDA ITBM N0. 2: Call to Order - explanation of functions and
liaitations of the Board.
Chairman Meyer called the meeting to order, opened the public hearing and explained
the functions and limitations of the Board. The meeting was then turned over to
Mayor Ringer.
AGBNDA ITBM N0. l: Mayor singer to present service plaques to
aeabers of the Zoning Board of Adjustment whose terse have
• expired.
Mayor Ringer thanked Mrs. Meyer for her service to the City through serving on the
Zoning Board of Adjustment from 1983 to 1985 as an alternate; from 1985 to 1986 as a
regular member and from 1986 to 1987 as chairman, and presented her a plaque from the
City as an expression of its appreciation. He then presented a plaque as a symbol of
appreciation from the City to Mr. McGuirk who served as an alternate on the Board
from 1983 to 1984, and as a regular member from 1984 through 1987. He announced that
a plaque will also'be presented to Allen Swoboda who has served as an alternate
member from 1985 to 1987. The Mayor also thanked all the members of the Board for
their very important service to the City, explaining that because he started his
service to the City on this very Board, he understands what an extremely difficult
and important responsibility they have.
AGBNDA ITBM N0. 3: Approval of Minutes - meeting of April 21,
1987.
Mr. McGuirk stated that although the facts are correct on page 3, lines 5 & 6 of the
minutes as presented, it was his intention that public recognition be given to Mrs.
Volk in the form of a commendation for her prompt response to a last minute request
which resulted in supplying information to him which he needed to make a
determination on a request at that meeting, rather than the modest "thank you"
reported in the minutes. With that clarification, he made a motion to approve the
minutes. Mr. Gilmore seconded the motion which carried unanimously (5-0).
AGBNDA ITBM N0. 4: Hear visitors.
• No one spoke.
AGBNDA ITEM N0. 5: Consideration of a request for variance to
• front setback as required by Ordinance No. 1638 Table A at the
duplex at 1525 Hillside in College Station in order to build a
carport. Applicants are Garland B. and Mary B. Bayliss.
Mrs. Kee explained that the applicant is the owner of, but does not reside at the
subject property, that the existing zoning in the area is R-6 which allows duplexes
built to R-2 regulations. She stated the request is for a variance to the front
setback requirements so he can construct a one car carport on the parking pad for one
of the duplex units. She described the physical characteristics of the lot, adding
that this duplex was built under parking regulations of a previous ordinance, and
therefore has head-in parking from Hillside, rather than the T-type duplex parking
regulated by the current ordinance.
She described the required setback as 25 feet with the proposed setback being 0 feet,
with the carport extending to the front property line. She informed the Board that
the building was permitted in 1976 by D. R. Cain, that there has been no previous
action on this property, that 28 property owners within 200 feet were notified and
she had received no responses. She added that the Building Official and the Fire
Marshal were notified as well, but neither responded with comments.
Garland F. Bayliss, 502 Helena, Bryan was sworn in and identified himself as the
owner of the property and the applicant, explaining that although he does not live at
this address, the carport is being requested for his tenant, Mrs. Jimmie Huey who has
to take dialysis 3 times a week and must avoid exposure to the elements. He went on
to describe Mrs. Huey as a 74 year old widow who has been a tenant in this duplex for
the past 10 years which she considers to be her home. He stated she has suffered
• from her present condition for the past one and one-half years, adding that he would
not consider supplying a carport for any other tenant, but because she has been
living there for so long, has been a good tenant, and is now in poor health, he would
like to do something to alleviate her discomfort. He then passed around a letter
from Richard G. Morgan, M.D. attesting to the fact that Mrs. Huey is on maintenance
dialysis, requires treatment 3 times a week and should not be exposed to extremes in
temperature.
Mr. Ruesink asked what protection Mrs. Huey would have when she left the protection
of the carport. Mr. Bayliss stated there is no protection now between the proposed
carport and the porch of the duplex, and further, that nothing is planned at this
time. Mrs. Meyer asked what would happen to the carport when Mrs. Huey is no longer
a tenant. Mr. Bayliss said that he does not know, but perhaps it could be removed.
Mr. Gilmore stated that this neighborhood is a uniform, consistent, attractive
neighborhood, and he is bothered by the prospect of allowing this single carport in
the middle of this neighborhood. He added that he has a problem thinking that the
proposed carport would afford enough protection from the elements to justify the lack
of it as a hardship.
Mary fi. Bayliss came forward and was sworn in. She stated that she and her husband
have owned 4 duplexes in a row here for 10 years, and they have great concern for the
neighborhood, therefore would make the carport as attractive as possible. She said
that Mrs. Huey thinks this would give her enough protection, and the doctor stated in
his letter that changes in temperature and adverse weather should be avoided. Mrs.
Bayliss also pointed out that although Mrs. Huey has 2 parking spaces assigned to her
side of the duplex, the carport will cover only one space.
• Mrs. Meyer stated that the only protection she can see that this carport would afford
Mrs. Huey would be to keep the sun off her car, as unless rain is coming straight
ZBA Minutes 5-5-87 Page 2
down, it will still get her wet. She asked the Bayliss' just what the hardship is.
• Mr. Bayliss replied that a carport would afford her some protection, and Mrs. Huey
believes it would be helpful to her.
Mrs. Meyer attempted to explain that once a variance is granted, it is for virtually
all time and this Board must be very careful in its consideration. She then asked
Mrs. Kee the purpose of the ordinance in duplex areas.
Mrs. Kee stated that setbacks are required to help regulate density, separation of
structures and to provide open space between structures and street traffic.
Mr. Ruesink asked Mr. Bayliss how much damage is done to Mrs. Huey's health now by
not having this carport. Mr. Bayliss stated that is hard to answer, but to take into
consideration her age and general health, adverse elements would take a toll over a
long period of time.
Mrs. Bayliss stated that both Mrs. Huey and her doctor believe this carport would be
helpful, and she and her husband do not know what kind of conditions she had prior to
living in their duplex.
Mr. McGuirk stated that he has a great deal of sympathy for Mrs. Huey, but he has
several serious reservations; those being that there have been 3 other applications
for variances which parallel this request, and all 3 were denied mainly because
variances go with the property and could be forever; there are no other carports on
this street now, and there is no guarantee that if this variance is granted, other
property owners will not come in and ask for the same privilege, the result of which
• could be a definite detriment to the City in the form of multiple carports in front
of these duplexes used for unsightly storage. He continued explaining that he has
figured the ratio of structure to lot when considering these types of requests, and
has come to the conclusion that the structure as it exists is a fairly large
structure with respect to the size of the lot. He finalized by stating that in his
opinion, granting this particular variance would not be in the best interest of the
City.
Mr. Bayliss stated that it would seem that as single carport on a pad for 4 cars
would not increase the density that much. Mr. McGuirk then stated that he also does
not believe that a structure of the type being proposed would afford much protection
from the sun or other elements, and therefore, does not see any advantage to granting
the request, either to Mrs. Huey or the City.
Mrs. Bayliss stated that Mrs. Huey is very concerned about the sun and she comes
home from her treatments about noon. Additionally, the doctor has addressed changes
in temperature, and this carport is important to her for protection. Mrs. Bayliss
stated that it is being requested for Mrs. Huey, and she and Mr. Bayliss would be
agreeable to removing it if she ever leaves, because this neighborhood is important
to them because they own 4 duplexes and plan to keep them.
Mrs. Meyer explained that the legal department has advised this Board it cannot put
that type of stipulation on a variance. She stated that she, too, does not
understand how much protection from the elements a carport can be, especially since
there is no protection from the carport to the front door.
• Mrs. Bayliss replied that Mrs. Huey would have very little unprotected walking to do
to get to the door, and there is a porch which will also give protection. She stated
that she thinks the carport would be very helpful.
ZBA Minutes 5-5-87 Page 3
• Mr. Ruesink asked if there is some way to grant a conditional variance, and Mrs. Kee
responded that she is not qualified to answer that question, but would be happy to
check with the legal department on Friday during working hours. Mrs. Meyer said this
request could be tabled until legal advice is given.
Mr. Gilmore stated that he can sympathize with the problem, but he has not heard
anything presented at this meeting to justify granting this variance. He went on to
explain that there is more to consider than one individual, and that is the effect it
would have on a neighborhood, and he has not heard anything to justify granting this
request.
Mrs. Bayliss stated that notification was sent to 28 property owners and no
objections from them have been voiced. Mr. Gilmore stated that while that is taken
into consideration when reaching a decision, the Board's main duty is to interpret
and uphold the City's ordinances.
Mr. Evans clarified by stating that a hardship must be proven that would make this
structure justified forever. Mr. McGuirk added to that statement that hardships can
be the odd configuration of a lot or an existing stand of large trees which the City
would like to see saved. Mr. Ruesink stated that this particular hardship alluded to
would be physical and perhaps Mrs. Huey would live longer if she had the carport.
Mr. Bayliss stated that he could not address that, but certainly her sense of well
being would be aided.
Mr. McGuirk stated he would like to see this request tabled, and perhaps Mrs. Huey
• would like to address the hardship at the next meeting. He then made a motion to
table this request. Mr. Ruesink seconded the motion and requsted more information
from staff regarding conditional variances. Mr. McGuirk clarified by stating that he
did not mean to ask Mrs. Huey to come to the meeting to address the request, but
simply wanted to invite her to attend if she so desires. He added that he wants her
to have the opportunity to present any evidence of hardship which may have been
overlooked at this meeting, as well as for her to feel that she has had fair
treatment by the City.
Mrs. Meyer stated that the Council has charged this Board with finding some type of
special condition and hardship, and she would like for the City Attorney to advise
the Board if what has been presented would qualify.
Votes were cast with the motion to table the item passing by a vote of 4-1 with Mr.
Gilmore voting against.
Mrs. Meyer addressed Mr. Bayliss and stated she would like to know what will cover
the area between the carport and the house.
AGBNDA ITBM N0. 6: Consideration of a request for a special
exception to allow the substitution of one non-conforming use for
another to allow an existing office to be reaodeled into an
efficiency apartment at 4000 Harvey Road. Applicant is Betty R.
Gillespie Robinson.
Mrs. Kee briefly explained the location of the property, the existing zoning and
• pointed out that the requested action is for a special exception (which used to be
called a "use permit") to allow the substitution of one non-conforming use (an
efficiency apartment) for another (part of an existing office}, neither the existing
ZBA Minutes 5-5-87 Page 4
use nor the purposed use being allowed in an A-0 zoning district. She referred to
• the applicable ordinance sections as being 6.3.B.(1) snd 15.Z.C.(a), and read both
sections directly from Ordinance No. 1638. She then discussed the existing use, the
proposed use, the actual non conformity of each, the site size, adding that the site
appears to have adequate space to accomodate parking for the proposal, and that
although the applicant has discussed rezoning the site, there is no zoning district
in the City's ordinance which would allow both an office and an apartment as a
permitted use, so whatever the applicant did, there would still remain some degree of
non-conformity. She stated that the ZBA denied a sign variance request regarding
setback on this property in 1981, that 4 adjacent property owners had been notified
of this request, and that non had responded to date.
Betty Robinson, 1112 Westover, College Station came forward, was sworn in and
identified herself as the owner of the property and the applicant of the request.
She stated that Mrs. Kee had presented the facts very well, and she would only add
that she wants to make better use of her property as an investment, and this change
would allow her more income on the investment than she is receiving now.
Mr. McGuirk. asked Mrs. Robinson if she knows the City's plan for zoning along Harvey
Road and she stated she does not, but that there is an orchid nursery to one side of
her property and a restaurant to the other, and then stated that she had talked to
Mr. Callaway in the Planning Department who had advised that any zoning district
would require either all offices or all apartments.
Mr. Gilmore asked if there was to be a change to the exterior of the structure and
Mrs. Robinson replied there would not be any change.
• Mrs. Meyer asked if this change would increase the non-conformity, or make it less
detrimental and Mrs. Kee replied that it would change the non-conformity and the
Board must find the amount of detriment. Mrs. Meyer said that section 15.2 states
that the Board can allow this if it is less detrimental and then asked Mrs. Robinson
what kind of business is run from the office. Mrs. Robinson replied that it is an
advertising business which seldom has customers come to the office.
Mr. McGuirk then made a motion to authorize the reconstruction of a non-conforming
structure on the lot occupied by such structure as the cost of reconstruction is less
than 60X of the appraised value of the structure and because the reconstruction would
not prevent the return of such property to a conforming use or increase the~non-
conformity. Mr. Evans seconded the motion. Mr. Ruesink asked how Mr. McGuirk knew
the cost would be less than 60X of the appraised value and Mr. McGuirk stated that
changing part of an office into an efficiency could not possibly cost that much.
Votes were cast and the motion carried unanimously (5-0);
AGBNDA IT$M N0. 7: Other business.
Mrs. Kee announced there will be a meeting on May 19th. There was no other business.
ZBA Minutes 5-5-87 Page 5
AGBNDA ITBM N0. 8: Adjourn.
• Mr. Gilmore made a motion to adjourn. Mr. McGuirk seconded the motion which carried
unanimously (5-0).
APPROVED:
ATTEST:
-----------------------------
City Secretary, Dian Jones
_~m^'
- --- --- --~~c~r~``~ ------
ZBA Minutes 5-5-87 Page 6
ZONING BOARD OF ADJUSTMENT
• FORMAT FOR POSITIVE MOTIONS
Special Exceptions - From Section 15 Ordinance 1638
I move to authorize the
a. ____ substitution of one non-conforming use for another
because the extent of the substituted use is less
detrimental to the environment than the first.
b. _____enlargement of a building devoted to a non-conforming
use where such enlargement is necessary and incidental
to the existing use of such building and does not
increase the area of the building devoted to a non-
conforming use more than 25~ and does not prolong the
life of the non-conforming use or prevent a return of
such property to a conforming use.
c. _~reconstruction of a non-conforming structure on the lot
occupied by such structure as the cost of
reconstruction is less than 60~ of the appraised value
of the structure and because the reconstruction would
not prevent the return of such property to a conforming
• use or increase the non-conformity.
Motion made by /ye~ul~~._
-------- --------------------------------------
Seconded by ----~ UIT~v ~ ---------------------------------------
Voting esults: ___~
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Chair s'g ture x~~~ D e
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ZONING BOARD OF ADJUSTMENT
GUEST REGISTER
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DATE May 5, 1~$7
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