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HomeMy WebLinkAbout08/19/1997 - Regular Minutes - Zoning Board of Adjustments• MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS August 19, 1997 6:00 P.M. U • MEMBERS PRESENT: Chairman Hollas and Members Alexander, Taggart, Warren and Alternate Member Happ. (Alternate Member Hill was in the audience.) MEMBERS ABSENT: Member Blackwelder and Alternate Member Pyrtle. STAFF PRESENT: Senior Planner McCully, Staff Planner Battle, Planning Technician Ruiz and Assistant City Attorney Reynolds. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Hollas called the meeting to order and explained the functions of the Board. AGENDA ITEM N0.2: Approval of minutes from the meeting of August 5,1997. Ms. Warren moved to approve the minutes from the meeting of August 5, 1997. Mr. Alexander seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a sign variance request at 2501 Texas Avenue South to allow the expansion of an existing low profile sign along Texas Avenue for the Park Place Plaza shopping center on the southeast corner of Texas Avenue and Southwest Parkway. Applicant is Terry Nance for Lack's Stores, Inc. This item was rescheduled for the September 16, 1997 meeting by the applicant prior to the meeting. AGENDA ITEM N0.4: Consideration of a variance request to the side, front and rear setback requirements at 812 Nimitz, lot 6.7, block 6 of the D.A. Smith Subdivision to allow the construction of a new single family home. Applicant is Dennis Husfeld for Husfeld Homes. Staff Planner Battle presented the staff report and stated that the applicant is requesting the following side, front and rear setbacks: Re uired Pro osed Variance Front setback 25' 21' 4' Rear setback 25' 10' 15' Side setback 7.5' S' 2.5' Staff Planner Battle stated that the subject lots were originally platted around the time that the City incorporated. They were included in a single lot, Lot 6 of the D.A. Smith Subdivision, at that time. Lot 6 is a large narrow lot that extends from Ash to Lincoln along Nimitz. In the 1940's, Lot 6 was subdivided by deed into 13 smaller lots that averaged 50' X 60' (3000 SF). In 1976, the lots were exempted from meeting minimum lot size and dimension requirements by ordinance. The second characteristic that encumbers each of the lot is the fact that Nunitz has been built in the wrong location. The City had a total of 30' in which to build Nimitz. However, the actual paved area encroaches on the lot by approximately 10'. Technically, the 10' strip of Nimitz that encroaches has become public nght-of--way. Due to the physical restraints, the buildable azea of the lot would be roughly 350 squaze feet. Due to the restraint of the lot depth of the original Lot 6 in conjunction vv~th the encroachment of Nimitz, Staff has not found any alternatives in this case. Minimum lot size and building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standazds are typically justified on the basis of the protection of property values. The applicant has pointed out that the existing houses in the area have similaz constraints as the proposed lots, therefore the character of the area will be protected. There have been numerous similaz setback variance requests on this street. They have been ganted due to the special conditions and age of the subdivision in order to facilitate investment in the azea. In April 1997, the Board approved dimension and front, reaz, and side setback variances to five other lots on Nimitz. Nineteen surrounding property owners were notified of the requests with a few inquiries and no opposition. Mr. Happ expressed concern with the limited parking available in the area. Staff Planner Battle explained that the applicant must provide the minimum two parking spaces that is required with all single family homes. Chairman Hollas opened the public hearing. • Applicant Dennis Husfeld approached the Board and was sworn in by Chairman Hollas. He stated that the proposed home is approximately 1100 squaze feet and similaz to the new homes being constructed on Nimitz. The subject property cannot be developed without the requested variances. Chairman Hollas closed the public hearing and stated that the age of the subdivision, the location of Nimitz and the physical constraints are all special conditions in this pazticulaz case. Mr. Taggart moved to authorize a variance to the minimum front, side and rear setback requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the 10' encroachment of the street onto the private property, the age of the subdivision, the non-standard lot size caused by the metes and bounds subdivision of the pazent tract; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: complete loss of the reasonable use of the property for any residential purposes; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: a front setback of 21', rear setback of 10' and a side setback of 5' on the west side of the property. Mr. Alexander seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. S: Consideration of a variance request to the minimum parking requirements at 2000 South Texas Avenue, lot 4, block 1 of the Kapchinski Subdivision, the Olive Garden restaurant, to allow a storage building in the existing parking lot. Applicant is The Olive Garden Italian Restaurant. This item was withdrawn prior to the meeting. This applicant worked with staff and was able to find an alternative to the variance request. ZBA Minutes August 19, 1997 Page 2 of 3 • AGENDA ITEM N0.6: Other business. There was no other business. AGENDA ITEM N0.7: Adjourn. Mr. Alexander moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Taggart seconded the motion which passed unopposed (5 - 0). • U ZBA Minutes August 19, 1997 Page 3 of 3 ZONING BOARS bF ADJUSTNIIIITT C~ FORMAT FOR POSITIVE MOTION Variance from Section 15, 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 contrary to the public interest, due to the following special conditions: ~ j ,/el ~ -~/~ • - ~ v ~~ I'W/Yl "' S Gem S / 2 -~ and because a strict enforcement of the provisions unnecessary hardship to this applicant being: S l c~~. T~~ ~ ~~ ~ of ~ di7 .!/~ r l~vie_ a -~ would result in • and such that the spirit of this ordinance shall be observ d and subst tial 'ustice f`~ done subject to the following limitations: o ~ ~ -~' se ~ ~..~~ oF- S'z'o~~ ~a'~, s o~ y I ~ ~ / 'c-e-~ s-'Pd~- ~ ~ - - ~ ~r6~~ Motion made by ~ ~ ~ - ~a~.~, c ~ Date ~~ ~ 7 Seconded by ~ . ~~ Chair Signature Voting Results S~ '` (~ v.4xPis3aooc Zoning Board of Adjustment • Guest Register ~ Date ~(~/ Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.