HomeMy WebLinkAbout06/20/1989 - Regular Minutes - Zoning Board of Adjustments~1
MINUTES
CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustment
June 20, 1989
?:00 P.M.
MEMBERS PRESENT: Chairman Ruesink, Members Gilmore & Henry,
Alternate Members Garrett & Baker, and Council
Liaison Birdwell
MEMBERS ABSENT: Members Thompson & Gentry
STAFF PRESENT: Senior Planner Kee, Assistant City Attorney
Banks and Planning Technician Volk
AQBADA I?BM pO. 1: Call to order - explanation of functions and
limitations of the Board..
Mr. Ruesink called the meeting to order and explained the functions and limitations
of the Board.
ABBNDA ITBM NO. 2: Approval of minutes - meeting of Jnne 6,
1989.
• Mr. Gilmore made a motion to approve the minutes as submitted. Mr. Henry seconded
the motion which carried unanimously (5-0}.
AaBNDA ITBM AO. 3: Hear visitors.
No one spoke.
AQBNDA ITBM HO. 4: Consideration of a request for a variance to
the rear setback requirements at the residence at 1800
Shadouxood. Applicaats/o~rners are Sam h Janice Nood.
Mrs. Kee explained the request, described the area and subject groperty and made a
slide presentation which included photos of the subject structure, other structures
on the lot and the areas and lots adjacent to the creek and subject lot. She
reported that required rear setbacks for structures with living quarters are 25 feet
and Mr. Wood's structure is now 10.5 feet from the rear property line. She then gave
a report on the history of the subject structure stating that old Building Permit
records show that in 1970 a Building Permit was issued for an 800 square foot
structure to be located 30 feet from the property line, and staff has speculated that
the location was changed by the builder after the permit was issued perhaps to avoid
destruction of a cluster of trees, since it is located only 10.5 feet from the rear
property line. She then reported that staff has received 3 responses from area
property owners who had received notification of this request, but sll three were
more in the nature of inquiries rather than expressing an opinion either for or
against the request.
• Mr. Henry asked if the structure was built at the same time the residence was built
and Mrs. Kee replied that she does not have that information, but the subject
structure was permitted in 1970.
• The applicant, Sam Wood came forward and identified himself and was sworn in. He
stated that he,snd his wife had purchased this residence 8 years ago, and at the time
of the purchase it was discovered the accessory structure encroached an easement. He
stated that at that time, he had no plans to change the use of the structure, so it
was deemed to be no problem. Since then, his son has become a college student,
entering graduate school and he has decided he wants to come home to live. The plans
are now to convert that storage building into a small living quarter for him, and to
have the building available for use by elderly in-laws after his son finishes
graduate school.
Mr. Wood said that of the 6 adjacent neighbors he had talked to about his plans, only
3 were even aware of the existence of the building because the creek is so densely
wooded and the general area is so isolated. He went on to say that apparently the
house was built and then the accessory structure was built shortly after that, and he
thinks that building was moved back from the original plans to save a grove of trees.
Mrs. Baker asked if the building now has water and electricity and Mr. Wood replied
that it does, but a sewer line will have to be added. He went on to describe the
building as having a cement floor, a new roof, and plans are to add a few partitions
and an HVAC system. He stated the exterior will not be changed except perhaps to add
some windows and exchange the front door for one more attractive.
Mr. Henry asked if the building is located within the limits of the flood plain.
Mrs. Kee replied that it designated as being in Zone B, which is described in the
staff report, and would not require the elevation of the slab. She reminded the
• Board that the rear of this lot drops off to a steep slope toward the creek.
Mr. Wood stated that the building already sets up very high and in the S years he has
lived there, he has never had a water problem, and in fact, the water has never come
near the building. Mr. Garrett advised Mr. Wood that if this variance, and the
required license to encroach are both granted, it would be wise to keep any
electronic equipment off the floor even though there is no past history of water
problems.
Mr. Gilmore then made a motion to authorize a variance to the minimum setback (Table
A) from the terms of this ordinance as it will not be contrary to the public
interest, due to the following special conditions: The building has existed for
approximately 19 years without problems, and cannot be utilized without improvements,
and because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant being the inability to fully utilize the
building on the property, and such that the spirit of this ordinance shall be
observed and substantial justice done. The motion was seconded by Mrs. Baker and
carried unanimously (5-0).
eaBrroe IlBM pO. 5: Other basiness.
Mr. Wood came forward and stated that he wanted the record to reflect that it has
been a pleasure to work with the City staff; that each one he has come into contact
with has been helpful in every way and has totally eliminated all the frustrations he
might have had without the help. He thanked them for their help.
• Mr. Henry agreed that this City staff is particularly helpful to any citizen who
comes to them with questions or problems.
ZBA Minutes 6-20-89 Page 2
Mrs. Hee reminded the Board they had chosen June 27th for a special meeting to hear 2
requests.
• Mrs. Volk announced the swearing in of new members would take place on the 27th of
June.
AGBNDA I?B!! A0. 6: Ad3ourn.
There was no other business, so Mr. Gilmore moved for adjournment. Mr. Henry
seconded the motion which carried unanimously.
ATTEST:
------------------------------
Dian Jones, City Secretary
•
APPROVED:
ZBA Minutes 6-20-89 Page 3
1800 Shadowwood
• ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVB MOTION
Variances from Section 15 Ordinance 1638
I move to authorize a variance to the
________yard (Section 8.7)
lot width (Table A)
________lot depth (Table A)
___~ ___minimum setback (Table A)
________parking requirements
(Section 9)
from the terms of this ordinance as it will not be contrary to the
public interest, due to the following special conditions:
~ ~-L~'=`~-- - -
--------------------------------------------------------------------
and because a strict enforcement of the provisions of the ordinance
would result in unnecessary hardship to th/is ap/plicant be,/in~g:~
and such that the spirit of this ordinance shall be observed and
substantial justice donee i_..,~
- ------
M o t i o n made b y __~ ~~~ _t~-~ -_ D a t e ~ ~d'~ Z '-~
,,; ~.
,,
Seconded by _ __ ' ~'_~~.~~ f"~ _ __ _ ~_~~___ Voting Results __? _O_____
Chair signature Q~ C
ZONING BOARD OF ADJUSTMENT
GUEST REGISTER
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DATE June 20, 198
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