Loading...
HomeMy WebLinkAbout02/15/1983 - Regular Minutes - Zoning Board of AdjustmentsMINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustments February 15, 1983 7:00 P.M. • MEMBERS PRESENT: Chairman Cook, Members MacGilvray, Wagner, Upham and Council Liaison Boughton MEMBERS ABSENT: Member Donahue and Alternate Member Lindsay STAFF PRESENT: Zoning Official Kee, Assistant to Zoning Official Dupies and Planning Technician Volk AGENDA ITEM N0. l: Approval of Minutes from January 18, 1983 Mr. Wagner made a motion to approve the minutes as written; Mr. MacGilvray seconded; motion carried unanimously. AGENDA ITEM N0. 2: Consideration of a variance request to the front setback for an existing residence at 706 Chalet Court. Application is in the name of B. C. Walling. Mrs. Kee explained the request for variance and suggested the Board may want to develop a policy to be followed in the future. Mr. W. Crenshaw was sworn in and stated that he was the developer of this subdivision and that Jim Wright was the builder rather than Blackburn ~ Riley as the Board had been informed. He told the Board the house had been sold as a cash transaction and now Mr. Walling is merely trying to borrow money against the house. Mr. MacGilvray asked Mrs. Kee about the 3 options she had presented in her memo which are as follows: (1) Grant the variance. (2) Deny the variance if you are willing to instruct the City to take action to remove or correct the violation. (3) Neither grant nor deny the variance but authorize the staff to write a letter to the lender indicating the City's knowledge of the problem but that nothing will be done to enforce compliance. Mrs. Kee explained that the City Attorney leans toward granting a variance when only a few inches are involved, but for an encroach- ment of this magnitude perhaps the third option would be best. Mr. Upham stated that this Board is not a civil court, and should not say this encroachment is o.k. Mike Calliham, an attorney representing Mr. Crenshaw and Mr. Walling was sworn in and stated that a corporation of which Mr. 6Jalling is president bought this house for cash and Mr. Wailing's children are living in it, and will be fora longer time than was originally anticipated, and now the company needs the cash it had invested. Since the land was surveyed and the encroachment noted, Mr. Walling cannot get a title policy on the house, and Brazos Savings will not accept the letter as had been stated on the appli- cation. He then passed around statements signed by neighbors in the area stating they have no objections to the City granting this variance. He also passed around photos of the subject house. The Chairman called Jim Wright, the builder of the house forward and swore him in, and asked him to explain as much as he could about the circumstances surrounding the construction of this house. He offered that perhaps his concrete man had measured from the curb, which is 5 ft. from the property line, but he really doesn't know this for sure, and cannot understand how this encroachment was missed. • ZBA Minutes 2-15-83 page 2 • Mr. Wagner stated that the Board cannot "slip this by" and then questioned why the City Attorney would offer the third option if it is not acceptable. Past cases were dis- cussed which had gone to the City Council and for which the Council had forwarded a letter to the lender which had been accepted. Mr. Upham pointed out this Board cannot speak for the Council and this Board does not have the authority to rule on this case and he recommends it be taken to the City Council or the courts for action, as this Board cannot compromise the zoning ordinance. Mr. Calliham offered to contact lending institutions for the Board, and Mrs. Kee suggested that if this was done, whoever con- tacts the lending institutions should also find out what they would do if they find out the Board will never grant a variance for this type of encroachment. She further sug- gested that perhaps the City Attorney should be contacted for advice. Mr. Wagner asked if he could include in a motion that in addition to having this survey taken, he could add a statement to the effect that if the lending institution would find a letter ac- ceptable, that staff be instructed to submit this type of letter. Mrs. Cook said she did not think this would be possible in a tabling situation. • • Mr. MacGilvray then made a motion to table this request pending results of a survey of lending institutions and Mr. Upham seconded the motion. Mr. Walling asked if the Board is recommending a letter from Council following the results of the survey taken by Mr. Calliham, and Mr. MacGilvray explained that Mr. Calliham is welcome to draft a letter which staff will review, and under Other Business, this Board will issue further instructions to staff. Motion carried unanimously (4-O). AGENDA ITEM N0. 3: Consideration of a request fora ruling concerning the use of an accessory structure as a residence in a single family residential zone. Application is in the name of Ronald Cruse. Mrs. Kee explained what Mr. Cruse was proposing in his new home, and then gave staff's interpretation of the ordinance, which would prevent the inclusion of two separate cook- ing facilities in this home, even if one is meant for his mother-in-law. Discussion followed concerning past cases, and Mr. Upham likened this request to one which a Mr. Martinez had requested recently which the Board denied. Ron Cruse came forward and was sworn in and pointed out this proposed home with two separate cooking facilities is being built on two lots, and that if two separate homes were built there (one on each lot) he speculated that more people would be living there. He suggested if the Board interprets as does the staff, he would like to see an ordinance drafted to the effect that blood relatives could live in an adjoining unit in an R-1 area. Mrs. Cook pointed out that it is this Board's duty to enforce the current ordinance and if the ordinance was changed sometime in the future, so be it, but this Board must be consis- tent with its rulings, and variances to the ordinance require specific reasons concern- ing the land to be met before they are granted. Mr. Cruse pointed out that the cur- rent ordinance allows for servants quarters, and does not spell out these quarters cannot have cooking facilities. He then stated he would change his plans if necessary to get a permit to begin his home, but wants the Board to make a ruling on this. Mr. Wagner said a duplex (a solid wall between units) would not be allowed in the area because of zoning. Mrs. Kee pointed out that in the most simplistic sense, Mr. Cruse is creating a duplex. Mrs. Kee then requested that the term "cooking facilities" be clarified. Mr. Wagner said he was upset that 6 years had passed since the Board had requested a definition of duplex and none has been forthcoming. He then suggested perhaps the type of access door be used as a criteria. Mr. Upham then made a motion to uphold the interpretation made by the Zoning Official in the enforcement of Section 1-D.1 of this ordinance, as the decision or interpretation meets the spirit of this ordinance and substantial justice was done. Mr. Wagner seconded the motion which carried unanimously (4-O). ,4 ZBA Minutes 2-15-83 page 3 • Mr. Cruse then asked for clarification and was informed the cooking facilities he pro- posed must be removed. AGENDA ITEM N0. 4: Other Business Mr. Wagner made a motion for staff to go to Council with a strong recommendation that "duplex" be defined, and suggested that such current criteria such as kitchen be given low priority because of the advent of microwaves, and to give mother-in-laws the same privileges as servants. Mrs. Kee pointed out that kitchen is the criteria and not ser- vants quarters, which is provided for in the current ordinance. Mrs. Kee read from the Building Code the definition of a dwelling unit, and then Mr. Wagner withdrew his motion for lack of a second. Mr. Wagner then made a new motion that staff go before the City Council with a request from the Board that Council supply at that meeting, a re-definition of Section 1-D.1 Accessory Use or Structure, or Building. Mr. Upham seconded the motion. Motion carried unanimously (4-0). Mr. Wagner then made a motion to recommend to the City that the City Attorney canvass the lending agencies to determine the propriety of a "lenders letter" and that this be done in cooperation with other attorneys in the City who handle real estate trans- actions. Further, that if such letter is found to be acceptable, that the staff be given the authority to provide same to lenders. Mr. MacGilvray seconded the motion, which carried unanimously (4-0). • Clifton Cox came forward to to the ordinance concerning asking permission to put up cussion of the sign ordinan all signs should come down, offended him. advise the Board that he planned to request a variance off-site signs fora condominium complex, and would be an off-site sign to advertise the Doubletree Condos. Dis- ~e followed and Mr. Wagner said he is of the opinion that then mentioned some specific signs which particularly Mr. MacGilvray announced the next Northgate Committee meeting would be held in North- gate, commencing at 11:30 a.m. on February 23rd in the parking lot behind Duddleys Draw, and invited this Board, the P&Z Commission and the City Council to attend. Mrs. Kee mentioned the memo from the City Attorney which had been included in the packets concerning the operating hours of the Pizza Hut. Mr. Wagner then made a motion to adjourn which Mr. Upham seconded. Motion carried unanimously (4-0). ATTEST: • Dian Jones, City Secretary f ~.~ i ~ ~I~, ~,.~t-T ~~-. ~~,~ ~.--t....- ;~ _,,; ~.,~~~~, ~~~ • r