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HomeMy WebLinkAbout03/02/1993 - Regular Minutes - Zoning Board of AdjustmentsMINUTES n U Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS March 2, 1993 7:00 P.M. .• MEMBERS PRESENT: Chairperson Baker, Members Sawtelle, Gaston and Alternate Members Phinney and McKean. MEMBERS ABSENT: Members Birdwell and DeOtte and Alternate Members DeLoach and McKean. STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel and Assistant City Attorney Rayner. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board Chairperson Baker called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of minutes from the meeting of February 16, 1993. Mr. McKean moved to approve the minutes from the meeting of February 16, 1993 as presented. Mr. Gaston seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a previously tabled variance request by Doug Stovall to the front setback requirements at 1105 Taurus Circle. Mr. Gaston moved to remove the variance request from the table. Mr. McKean seconded the motion which passed unopposed (5 - 0). At the request of the applicant, Mr. Gaston moved to table the variance request until the next available meeting scheduled for April 6, 1993. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 4: Consideration of a variance request by the College Station Independent School District to the parking lot setback requirements for the proposed expansion of Oakwood Intermediate School at 106 Holik Street. Staff Planner Kuenzel presented the staff report and stated that the school plans to demolish nine buildings, six aluminum temporary types and three permanent brick buildings. The Planning and Zoning Commission granted a conditional use permit on February 18, 1993:~..to allow this expansion. The applicant is requesting a variance to the parking lot setback requirements from 8' to S' to allow for the addition of seven new parking spaces. As a part of the renovation, the school will be adding sixteen new parking spaces. The Project Review Committee expressed some concern regarding the adequacy of the parking during evening activities such as night classes and other routine evening meetings. The .Board can consider the fact that Holik street divides the school site into two portions, and the location of the existing gym in relation to this street as a special condition. Fifty-eight surrounding property owners were notified with two responses. Lisa Cantrell of JCL and Associates, representative of the College Station Independent School District, approached the Commission and stated that one of the project goals is to reduce pedestrian traffic across Holik Street. The subject parking lot is for visitor parking. If the variance is not granted, visitor parking will have to be moved across Holik Street and require visitors to cross the street to enter the main office. Mr. Gaston questioned staff as to the proposed circular driveway located to the north of the subject parking lot and possible sight distance problems. Staff Planner Kuenzel informed the Board that the circular driveway was shown on the plan approved by the Planning and Zoning Commission and reviewed by staff. There have been no problems identified with the proposed system. Mr. Gaston suggested that sidewalks be installed along both sides of Holik Street. Mr. Sawtelle moved to authorize a variance from section 15, ordinance number 1638, to the minimum setback requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: need to provide much needed improved parking plan for the Oakwood Campus; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: inability to reduce the on-street parking load on Holik Street; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Gaston seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. S: Consideration of a variance request by Noble Handy to the side setback re uirements for a new home to be constructed at 3221 Westchester Avenue; lot 16, block A of Brandon Heights Phase II Subdivision. Staff Planner Kuenzel presented the staff report requesting a variance to the side setback • requirements from 7.5' to 3'. One unusual circumstance for the Board to consider is the common area adjacent to the north with a 15' access easement. The applicant argues that the preliminary plat reflected a wider lot for the subject site. The final plat reduced the lot size by approximately 6'. In the past, the Board has been reluctant to pass side setback variances due to the possible reduction of the 15' separation between buildings. Staff has found no cases where an easement would have precluded locating a structure within 15' of the proposed building. Seventeen surrounding property owners were notified with two responses. Applicant Noble Handy approached the Board and was sworn in by Chairperson Baker. Mr. Handy stated that when he purchased the lot, the dimensions on the plat plan were different from the final plat that was filed for record. An architect designed a custom home especially for this lot that now does not meet the setback requirements. Mr. Handy stated that it takes an architect ninety days to draw a plan and that he seldom uses the same house plan twice. The subject lot is deficient in that the remaining lots along Westchester Avenue are all 98' to 100' wide. Mr. Handy stated that the homeowners association has shown interest in getting rid of the common area and possibly splitting the area between the two abutting property owners. However, he is not sure if the association can reach an agreement in the near future. Mr. Handy stated that the subject site is the location for his personal home. Mr. Handy recently sold his home and has a limited period of time before he must vacate the property and possibly rent a home until the new home is built. David Zuberer, a resident of Honeysuckle Drive and a member of the homeowners association, approached the Board and was sworn in by Chairperson Baker. Mr. Zuberer stated that he was unaware of a homeowners association until after he purchased the property. Mr. Zuberer stated that many of the residents in the subdivision were not informed of a homeowners . association until only a few days before purchasing the property. Because the association has not had the opportunity to get together and discuss the maintenance issues of the common areas, Mr. Zuberer asked that the Board table the variance request. Mr. Zuberer stated that he is concerned with the developers forcing maintenance responsibilities onto the homeowners. ZBA Minutes March 2, 1993 Page 2 Mr. McKean stated that the Board does not have the authority to address the homeowners association issues; however, the Board does have the authority to consider the variance request. • Mr. Sawtelle moved to authorize a variance from section 15, ordinance number 1638, from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the setback requested sits adjacent to a common area that will still allow at least 15' between houses; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: small size of the lot adjacent to a vacant common area; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: only a 3' side setback variance will be allowed. Mr. McKean seconded the motion which passed (4 - 1); Mr. Gaston voted in opposition to the motion. Mr. Gaston explained that he voted against the motion to approve the variance request because he can only see a financial hardship. The architect's fee seems to be the hardship in this case instead of a hardship based on the land. AGENDA ITEM NO. 6: Other business. • • Planning Technician informed the Board that the meeting scheduled for Tuesday, March 16, 1993 is cancelled. AGENDA ITEM NO. 7: Adjourn.. Mr. Phinney moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Gaston seconded the motion which passed unopposed (5 - 0). APP hairperson, lenda aker ,, ~/ Planni g ech ' 'an, Nata ie Thomas ZBA Minutes March 2, 1993 Page 3 ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 1 S, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.T) lot width (Table A) lot depth (Table A) minimum setback parking requirements (Section 9) from the terms of this ordinance as it will not be contra to the p~blic interest, due to the followin/ g special conditions: / u^ ~ ~ ~ e ~. its e < tl -' C~ ~ C v ~ ~t ~ / t ~ ~ O ~ G !~ '7 -~ ~ ~c ~ ~-- (~' and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: II / C ,,~ . ~ r.ee~~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: Motion made by ~ ~ ~ ~ TL ~ ~ -e. Date ~ Z Seconded by ~;,,,,,, CO a s 't ©~t Voting Results ~ - Chair Signature y.~~sss.DOc ZONIl~TG BOARD OF ADJUSTMENT FORMKT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.?) lot width (Table A) . /lot depth (Table A) v minimum setback 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: ~t -e__- ::, e_ '7 1'~.~- ~~., tL fG G~ yc ~ ~ c ~ < ~ -7 / .fir, ~ ~ .' ~' -z.'~ ~ _ w and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: J/ / / / __~ r- ~'' •: and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitatiQns~ ~ ~l Motion made by Co ~ ~ ~ ~ ~,u't ~~ ~ ~ ,e,, Date Z (~'~ Z Seconded by ~ ~ ~c. l~ ~ ~ ~2- s ~ ~ ~ Voting Results Chair Signature Y.'iRP1638.DOC i i ~~ i• i• ZONING BOARD OF ADJUSTMENT GUES REGIST DATE NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ADDRESS 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.