HomeMy WebLinkAbout08/18/1998 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
• Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
August 18, 1998
6:00 P.M.
MEMBERS PRESENT: Acting Chairman Warren, Hill, Happ, Murphy &
Alternate Member Hausenfluck,
(Alternate Member Bailey was in the audience).
MEMBERS ABSENT: Chairman Alexander, Alternate Members Lewis, Searcy & Lanier.
STAFF PRESENT: Staff Planner Battle, Senior Planner McCully,
Assistant City Attorney Robinson, &
Housing Program Coordinator Brumley.
• AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board.
Acting Chairman Warren called the Board to order and explained the functions of the Board.
AGENDA ITEM N0.2: Oath of Office and Introduction of Alternate Member
Brandon Hausenfluck.
Acting Chairman Warren administered Oath and Introduced Alternate Member Brandon Hausenfluck.
AGENDA ITEM NO. 3: Approval of minutes from meeting of July 7, 1998.
Mr. Happ made the motion to approve the minutes as written. Mr. Hill seconded the motion which
passed unopposed (5-0).
AGENDA ITEM N0.4: Approval of minutes from the meeting of August 4, 1998.
• Mr. Happ made the motion to approve the minutes as written. Mr. Hausenfluck seconded the motion
which passed unopposed (5-0).
ZEA Minutes Meeting ofAugust 18, 1998 Page I oj5
AGENDA ITEM NO. 5: Consideration of a variance request to the side setback requirement
to allow the construction of 2 new single family homes at 118 & 120 Southland to be built by the
• College Station Community Development Office.
Staff Planner Battle presented the staff report and stated that the applicant is requesting the variances to
each of the two lots in order to build 2 new single family dwellings The two lots are located in an older
area of the city that is currently targeted for revitalization. Lot 14 is vacant and lot 13 currently has a
dilapidated house that sits on the property line between the two lots. The Community Development
Office is proposing to construct two new houses on these lots. The proposed designs include one-car
garages. However, the designs are 38' wide and would encroach into the side setbacks. Therefore, the
applicant is requesting a 1.5' variance to the required 7.5' side setback on each side of the two lots.
It is not unusual for some Community Development houses to encroach into the setback. Some federal
funding programs waive setback requirements. This particular funding does not fall into that category.
Lot 13 currently has a dilapidated house sitting on the property line. Community Development has
considered rehabbing this house, but decided it would be better for the neighborhood and residents to
demolish it and build a new house. Even with the variance, the new house will be more conforming to
the zoning ordinance than the current structure.
Variances are intended to ensure equity by allowing an owner to develop in a way that is comparable to
other similar developments in the city, and where the zoning ordinance would technically prevent it.
Most new homes built within the city have a garage. In this case, the applicant feels that a garage
• would not be practical without a variance. Therefore, the hardship of not being able to build a garage
could exist.
Because this is a community development house, funds for construction are limited. In addition, funds
being used to build these houses are from grants that must be used this year (under contract by
September 30). If plans for these houses cannot be finalized, then the grant funds will be lost.
Staff has identified the following alternatives: 1) Change the design of the house. Reducing the width of
the house by 3' would allow it to fit within the setbacks. However, it may be difficult to find a design
that includes a garage. 2) Build the house without a garage. However, it is reasonable to want a
garage.
In the past the Board has granted variances to the side setback. On July 7, 1998 the Board granted a
variance to the side setback to allow construction of a house with a covered parking in the rear.
Mr. Happ asked Mr. Battle if there had been a proposed plan presented for a building permit yet. Mr.
Battled could not answer the question and referred it to the applicant.
Ms. Warren stated that reducing the width to be conforming would not allow the garage on the house.
Mr. Battle stated what he understands is it would be difficult and probably not practical considering the
timing and funding restraints to find a house that would fit within the setbacks.
• Ms. Warren opened the public hearing for anyone wanting to speak in favor of the request.
ZBA Minutes ,Meeting ojAugust 18, 1998 Page 2 oj5
Randy Brumley from the City of College Station Community Development Office stepped before the
board and was sworn in Acting Chairman Warren.
• Mr. Brumley stated that the desire is to build some single family residences that will add value and
actually help the overall looks of the neighborhood. Mr. Brumley told the Board that they had
previously considered actually rehabilitating the one existing structure which sets directly on the
property line between the two lots. It was determined that it would be more expensive to rehabilitate
and they did have available funds for new construction so that became their preference. Mr. Brumley
stated as he had indicated in the application, they would like to build something that would lend itself to
encouraging redevelopment and revitalization in the neighborhood. Mr. Brumley described the
neighborhood as being of nice, newer and bigger homes and some as smaller, older and poorly
maintained homes. The Community Development Office has done several homes already in this
neighborhood. Mr. Brumley further added that the construction of these homes would carry on the
revitalization efforts that have taken place in the neighborhood.
Mr. Brumley replied to the question asked earlier concerning whether or not a building permit had be
applied for yet. Mr. Brumley told the Board that a building permit application could not be applied for
until the variance is granted and it went to City Council for their approval. Mr. Brumley explained to
the Board the difficulty in finding a one story single family home that will accommodate a one car
garage. City staff feels that the garage is a good thing if possible, rather than not having a place for
vehicles and even storage. Mr. Brumley further added that there is always the option of building
vertical and doing a two story house but that is not as economically feasible using grants funds. The
plans that staff found to be most efficient in the use of square footage were only 1' 1/2" on each side
wider than the current setbacks would allow. Mr. Brumley also pointed out that these two houses are
• going to be for sale. It is a home ownership opportunity. It is the desire of the city staff when possible,
to facilitate and encourage home ownership. Because this is a rather deep lot, it is proposed to set the
houses back 35' at least, verses the 25' to ease a little bit of the sense of crowding. The houses are out
for bid now just to get that part of the time line done. Mr. Brumley told the Board that no contracts
could be executed unless this variance is granted.
'Mr. Happ asked Mr. Brumley if it was a single car garage. Mr. Brumley replied yes, it was the most
they could hope for with regards to the size of the lots. It is not feasible to have a two car garage.
Mr. Happ asked Mr. Brumley if any consideration was given to moving both houses closer to one line,
putting the living area, basically the entrance, on opposite sides so that would give a larger side area.
Mr. Brumley replied that there was some discussion with regards to that. The city staff members who
were responsible for drawing this plan felt they had been as accommodating to property owners on each
side, giving them as much space. Mr. Happ stated that the plan for the houses as shown restrict the
space even smaller. Mr. Happ stated that he is not so worried with these houses as he is for the people
who own the property next door. Mr. Hausenfluck stated that the only thing he does not like about
putting garages together is you loose an element of privacy if you have people over gathering in the
front yard.
Mr. Hill referred to the application showing that 120 Southland had a sales contract on it and asked if it
has closed yet. Mr. Brumley replied that they closed on it over a week ago and they now own both
properties.
•
ZBA Minutes Meeting oJAugust 18, 1998 Page 3 oj5
Mr. Happ stated that there are several houses in the city that have a two car garage in the front and a
walkway down the side to a side porch. So even though the entry is in the center of the house, you
• have to go down the side. Mr. Happ further added that the houses have a standard 18' garage door.
Mr. Brumley stated that he thinks what part of the difficulty was as indicated earlier, they had looked at
rehabbing the existing structure that is there on the one lot, and when it was decided to take this route
for a variety of reasons that limited the time. The application indicates that there are funds that can be
obligated and they hope to do that very quickly. So city staff was searching to find a design they
thought to be best accommodating to these lots.
Mr. Happ said it was stated earlier that city staff wanted a 3 5' setback. What will happen in the future
concerning potentially adding on in the back. Mr. Brumley replied that it would certainly be a
restriction more then if they were to only setback the 25' required. Mr. Brumley stated that the
construction staff felt that given the 35' in depth, they wanted to set the house back from the street a
little bit more than the minimal requirement. But if staff was directed to, they could move the house
closer to the front to accommodate. Mr. Happ said he asked that question but it was more a comment.
Mr. Happ stated he was hoping that Mr. Brumley would have given the answer that it allows you more
space to park a second car in front of the garage since it is only a single car garage. Mr. Brumley
replied that it certainly does give you more space to park a second car since you have roughly close to
40' before you get to the garage door. Ms Warren stated that even if a sidewalk was placed in the
front, the cars would still be out of the street. Mr. Brumley ended by saying that a number of homes
that they have rehabbed in that neighborhood and others neighborhoods where they were on a more
limited budget and garages are not provided, they placed a two car parking pad in front.
Ms. Warren asked for anyone wanting to speak in opposition of the request. With no one stepping
• forward Ms. Warren closed the public hearing.
Mr. Happ moved to authorize a variance from Section 15, Ordinance Number 1638, minimum side
setback from the terms of this ordinance as it will not be contrary to the public interest, due to the
following special conditions: these lots were platted at 50' which is extremely narrow and since the
_ setback standards are typically justified on the basis of protecting property values, and being community
'development housing this is not the case; and because a strict enforcement of the provisions of the
ordinance would result in unnecessary hardship to this applicant being; unable to construct an adequate
garaged house on such a narrow lot, and the Community Development Office is trying to build the most
house with the money available. Having to design new plans would be very expensive: and such that
the spirit of this ordinance shall be observed and substantial justice done to the following limitations: the
side setback will not be less than 6' on each side.
Mr. Hill seconded the motion which passed unopposed (5-0).
AGENDA ITEM NO. 6: Other Business
Mr. Battle told the Board of an upcoming Citizen Committee Banquet that is being hosted by the City
of College Station. It will be held on September 15 which happens to be a ZBA Meeting night. Mr.
Battle asked the Board if they would like to cancel the meeting of September 15 so all members can
• attend the function. The consciences of the Board was to cancel. Mr. Battle told the Board Members
that they would be receiving more information in the mail concerning the event.
ZBA Minutes Meeting ojAugust 18, 1998 Page 4 oj5
Mr. Battle also informed the Board that city staff is planning a ZBA Workshop Meeting for September
29. Mr. Battle explained to the Board that the workshop is to get all Board Members together to talk
• about their position on the Board and answer any questions they may have. Mr. Battle told the Board
that Deborah Grace will be contacting them as more details become avialable.
AGENDA ITEM NO. 7: Adjourn
Acting Chairman Warren moved to adjourn the meeting. Mr. Hill seconded the motion which passed
unopposed (5-0).
Chairman, David Alex der
ATTEST:
tall Assistant, Debo Grace
•
•
ZBA Minutes
.~
Meeting ojAugust 18, 1998 Page S of S
Zoaing Board of Adjustment
Guest Register
•' Date C c
Name Address
1. S
2. ,
3.
4.
S.
6.
7.
8.
9.
10.
• 11.
12.
13. _
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
• 24.
i
25.
ZONING BOARD OF ADJUSTMEN'P
•
FORM1~iT FOR POSITIVE MOTION
Variance from Section 1 S, Ordinance Number 1638.
I move to authorize a variance to the
yard (Section 8.Z)
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:
C~.•aoQ c ~ .!~
i~ ~:. ~ ~'rt~7',c
~l.~ --.
.~~ ~ ryc.~ i Ue.~e : v
and because a strict a orcement of the provisions of the ordinance would res tin
unnecessary hardship to this applicant being:
and such at the s t of this ordinance sh b bse ed and substantial justice
done subje to the following limitations:
r
~~
~~
Motion made by ~ Date ,
Seconded by 1xJ1.~d~p _ !/ i ~ Voting Results ~"
Chair Signature
y~nissaooc