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HomeMy WebLinkAbout07/18/1995 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS July 18, 1995 7:00 P.M. • MEMBERS PRESENT: Acting Chairman Rife, Members Poston and Hollas and Alternate Members Ochoa and Blackwelder. MEMBERS ABSENT: Chairman Birdwell, Member Sawtelle and Alternate Member Alexander STAFF PRESENT: City Planner Kee, Senior Planner Kuenzel, Staff Planner Dunn, Planning Technician Thomas, Development Coordinator Volk and Assistant City Attorney Shively. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Mr. Rife 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 June 20, 1995. Mr. Hollas moved to approve the minutes from the meeting of June 20, 1995 as written. Ms. Poston seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a variance request to the parking requirements for the proposed multi-family project to be located along the east side of Wellborn Road just north of the Graham Road intersection. Staff Planner Dunn presented the staff report for a variance request to the parking requirement per apartment bedroom for the development of a retirement or senior citizen project. This project is planned for the construction of a retirement community. As required by Section 43 of the Internal Revenue Code, the project is restricted for a minimum of thirty years to house elderly citizens only. An ordinance amendment approved by the City Council on July 20, 1995 changed the parking requirement to 1.5 parking spaces per bedroom except for bedrooms less than 132 square feet which are required only 1 parking space. The project will consist of 36 one bedroom units and 96 two bedroom units for a total of 228 bedrooms. Thus, under current standards, the number of parking spaces required would be 318 spaces. The applicant states that most senior citizens own and operate one car per apartment unit no matter how many bedrooms are used. Under this unit of measure (apartments as the unit instead of bedrooms), the current ordinance requirement would be 2.59 spaces per apartment unit. The applicant proposes to have 1.83 parking spaces per unit for a total of 242 spaces. This would require a variance of 76 spaces. The applicant contends that the extra required parking spaces will not be used, and will increase unnecessary hard surfaces and construction costs which will affect affordable housing costs. No alternatives without a variance have been identified. However, the Board may grant any variance amount less than what is requested. On July 15, 1980, the Board granted a parking variance to the LULAC elderly apartment complex located on 1105 Anderson. Over the past 15 years, this requirement has adequately met the parking needs of the complex. ~i : surrounding property owners were notified with one response received in favor of the request. • Mr. Rife opened the public hearing. Representative of Hearthside Development Foundation, Randy Brown of 506 West Fifth Street in Yorktown, Texas, approached the Board and was sworn in by Mr. Rife. He informed the Board that the property has been approved for federal housing tax credits to be operated under the affordable housing guidelines. These guidelines include an income restriction and the amount of rent that can be charged based on the median income. Approximately 70% of the units are restricted income level and 30% are based on the current market rate. Mr. Brown stated that most of these developments have been built in the northern midwest area in Minnesota, Iowa and Wisconsin. The only other two developments in Texas are in Waco and Beaumont. The typical parking ratios in other cities including Beaumont and Waco are 1.85 per unit. Mr. Brown informed the Board that the Zoning Ordinance would allow 22 to 24 units per acre in this particular zoning district; however, the proposed development is only 10 units per acre. He stated that the parking required is not needed for the elderly tenants and will only take away green space. The majority of the tenants will have only one car per unit. Mr. Brown stated that as part of the tax credit program, the requirements are outlined in the deed restrictions of the property for a minimum of thirty years. At the end of thirty years, the owner is required to either continue under the guidelines of the program or first sell the individual units to the current residents. The remaining units can be sold in the free market. Mr. Rife closed the public hearing. Mr. Ochoa stated that he understands the deed restrictions and that the required parking will not be used with the proposed development; however, in the long run, the additional parking might be needed if the development changes. In order to meet the spirit and intent of the ordinance, additional limitations could be placed on the variance. Mr. Ochoa suggested that the additional parking be shown on the site plan and not constructed so that if the use changes, the additional parking is installed. • Mr. Hollas stated that the City Council recently considered an ordinance amendment for multi- family parking and did not see fit to make special exceptions for this type of development. He stated that after the thirty year time limit, the property could be used for something else where the parking would be necessary. Assistant City Attorney Shively explained that the Board can condition the variance on the specific use of the property. The best way to handle that condition is to file something for record that states the conditions under which the variance was granted and if these conditions ever change, the variance evaporates and comes back to the Board. As long as the conditions are filed for record, they will show up in a title search for any transfer of ownership of the property. Mr. Brown stated that the condition on the variance would not be a problem. Because of the low density of the property, the owner will always have the ability to add parking spaces at a later date. • Mr. Ochoa moved to authorize a variance from Section 9, Zoning Ordinance #1638 to the minimum parking requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the project has special deed restrictions for a minimum of thirty years to house elderly citizens only as required by Section 42 of the Internal Revenue Code; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the extra parking spaces will not be used under the present project usage; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: additional parking will be set aside undeveloped, and sufficient to meet present code requirements. Also, if the property usage by elderly citizens under the Federal Tax Credit program ceases, the present variance expires. In addition, staff is directed to record this document with the Official Records of Brazos County. Mr. Hollas seconded the motion which passed unopposed (5 - 0). ZBA Mimites July 18, 1995 Page 2 of 4 r • AGENDA ITEM NO. 4: Consideration of a variance request to the rear setback requirements to allow the construction of a new home at 1308 Bayou Woods, lot 10, block 4 of the Timber Ridge Phase II Subdivision. Staff Planner Dunn presented the staff report and informed the Board that the applicant has laid out a preliminary floor plan which proposes to place the garage 10' from the rear property line, just outside the existing utility easement. Therefore, the request is a variance of 10' to the rear setback requirement. The applicant offers the shape of the lot as the primary special condition or hardship. The pie-shaped lot is unusual and does not easily accommodate specified setback distances as well as rectilinear lots. The lot shape requires a custom home design instead of a "builder's tract" home. The applicant also states that the lot shape does not allow adequate buildable area, which is the available lot area minus the area required for building setbacks. Staff has determined that the buildable area is approximately 4,309 square feet, which is significantly larger than the minimum standards of 1,750 square feet and larger than the average buildable area of the other lots in the same block along Bayou Woods of 4,226 square feet. However, it is agreed that the shape of that buildable area is a special condition not found within the neighborhood. The following alternatives have been identified: (1) Alter the proposed floor plan to fit within the existing setbacks. The applicant is not in favor of this alternative, due to the fact that a reduction in the plan would be an unworkable layout for room sizes. (2) Construct a two story residence. It is felt that this alternative is not in keeping with the character of the surrounding neighborhood. (3) Grant a smaller variance amount. The Board may grant any variance amount less than what is requested (0 to 10'). • • Staff Planner Dunn stated that the building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. Rear setbacks also provide for usable back yard area. In the past, the Board has granted several variance requests to rear setbacks for the placement of garages. Most of these cases, however, have dealt with older existing homes which create special conditions to restrict the placement of new garage structures. Twenty-two surrounding property owners were notified with five responses and one letter received in opposition to the proposed driveway placement. The resident suggested flipping the plan to lessen the traffic concerns; however, a greater variance would be required if the plan was flipped. According to the Engineering staff, due to the drainage of the area and recent improvements to Bayou Woods, the proposed driveway location is preferable. The proposed driveway location is also in compliance with the current driveway ordinance. The proposed guest parking on the site plan is not allowed by the current ordinance. A second curb opening is not allowed unless a circular driveway is installed. Mr. Rife opened the public hearing. Applicant Charles Holcomb of 4615 F.M. 3126 in Livingston, Texas approached the Board and was sworn in by Mr. Rife. He informed the Board that the proposed home site is for his son who will be moving to College Station to teach at Texas A&M. He stated that there is a large amount of buildable area; however, the buildable area may not be livable. Mr. Holcomb stated that the ordinance was written for normal rectangular lots and not pie shaped lots. He informed the Board that there was no problem eliminating the second curb cut and that he will consider staffs suggestion to install a turnaround so that vehicles can pull out into the street head first. Mr. Holcomb stated that the main sight problem in this area is the high grass on the lot and that once the lot is developed, there should not be a problem. ZBA Minutes July 18, 1995 Page 3 of 4 • • Jim Schutt of 1309 Hardwood approached the Board and was sworn in by Mr. Rife. He stated that he lives behind the subject property and he was originally opposed to the variance request. However, after looking at the property more carefully and the intent of the ordinance, the proposal seems reasonable. Mr. Schutt stated that the sight distance problem in that area has always been the high grass on the subject property. He informed the Board that the proposed development would enhance the neighborhood and allow construction on a difficult lot. David Hart of 1306 Bayou Woods Drive approached the Board and was sworn in by Mr. Rife. He stated that he lives adjacent to the subject property along Bayou Woods. Mr. Hart expressed concern with the precedent that the variance request will set for the remaining vacant lots in the neighborhood. He concluded that he does not have a problem with the proposed home and the setback variance does not impact him directly. Lane Stephenson of 1202 Dominik approached the Board and was sworn in by Mr. Rife. He stated that he is building a home across the street from the subject property at 1309 Bayou Woods. Mr. Stephenson informed the Board that he is in favor of the variance request and that the development of the subject lot will benefit the neighborhood. Mr. Ochoa expressed concern that the problem is with the design of the home and there are other alternatives available to the applicant with over 4000 square feet of buildable area. Mr. Rife stated that the shape of the lot makes it difficult to develop the allowable buildable area in an efficient way. The proposed floor plan seems reasonable and the applicant has made effective use of the lot area. There is sufficient distance between the subject garage and the adjacent garage so the intent of the ordinance is met. Mr. Hollas agreed with Mr. Rife in that the applicant did a good job in designing the home to fit the lot. He stated that the Board will probably end up struggling with this lot either now or at a later date because of the shape. Ms. Poston 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: unusual lot shape and size; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to the applicant being: a change would compromise the plan of the house, not being able to develop the property and also accommodation of the line of sight; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Hollas seconded the motion which passed (4 - 1); Mr. Ochoa voted in opposition to the motion. AGENDA ITEM NO. S: Other business. There was no other business. AGENDA ITEM NO. 6: Adjourn. Mr. Hollas moved to adjourn the meeting of the Zoning Board of Adjustment. Ms. Poston seconded the motion which passed unopposed (5 - 0). rATT :~~ • Pan g Technician, Nata ie Thomas APPRO ' airman, Dic Birdwell ZBA Minutes July 18, 1995 Page 4 of 4 A , r~ LJ • • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) ~]- /~ ~J .~~~.. /1/. 3 1~ 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 folio/wing special cLOnditi/ons: / 1 /' T/~G~4/'OJec,/ ~3u~ ,~~~~iG~ LYGCL~ /"tJ~~c.7~o..1 7~Or 6<. /ni'.~i~s,~,~ .CJ ~ ~O V G 6/'J Yi0 /~ ~ 1 l®~ ~ G i Tf ~ C..1 S ~n l ~ /I~s .i i,~~A and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~/~-e., t d~.~.., /J.E.., l~.i ` s ~ dc-H w r /( rw ~ .~e. ~ J-c~( ~ yn ~-c..~ ~-~. ~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ~ ~~ ~ d` ,, ..~~..~co,,.~ ~ ~,,,~ j,, f Fr~,,r,.,,F r/ nd~ h9,.~ Pc~k~~.., w ~ Il b~ F~'~G~~l~~ p.-~o~ v-~~ br r-/dt ~ ~ 1 ~ „.~ r- Fc.t ~....L s~®„~....,,._. G e ova . ~i l 7 ~G .~ ~ ~~ /6r'f LKA/ Y,f~ 0 / nr.1 ~n ~i .C.sLi ~tfl .. '~ ~~lr p Y Gr,I-...[ ,•~'° /w,rs,,,,L '7 R .-! d~ G./.•.~ v+~'/- /~i f « r- ~ fi--0'; .,r•-(_ Motion made by "`~ ~ ~ -' > ° ~ ~°"•s-~ ' ~ ~. ~ ~~~D~te '7 - / ~ -- g ~ Seconded by ,.~7'e Chair Signature //~ Voting Results ~ n a n t .,.ai.t ~ ~~ -~ ~ .~ r, wf- p,~,,,.",t- ~..<~ r~~: r......4. iJ I t ;..+.~s~-j M ~~vo~ YARPI638.DOC Y ZONING BOARD OF ADJUSZ'N~TT • FORMAT FOR POSITIVE MOTION Variance from Section 1 S, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) 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 contrary to the public interest, due to the following special conditions: ~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: G~--~ ~.~~ r~ and such that the spirit of this orduiance shall be observed and sul3stantial justi~e'~"`G~ done subject to the following limitations: • Motion made by Y' Seconded by Chair Signature Date ( q S Voting Results ~_ YfIRP1638.DOC Zoning Board of Adjustment Guest Register • Date ~ ~ ~~~ Name Address 1. ~ f . ~ lX~ ,~~ fODQs 2. ! 3d o a ~, d lc~e ©~~ 3. ~ 130 ~ 6RvOU LJ ooDS 'DQ 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.