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HomeMy WebLinkAbout11/02/1999 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS November 2, 1999 6:00 P.M. MEMBERS PRESENT: Chairman Alexander, Happ, Hill, Bond, Alternate Member Ellis. MEMBERS ABSENT: Murphy, Alternate Members Lewis, Searcy & Dr. Bailey. STAFF PRESENT: Staff Assistant Grace, Staff Planner Anderson, Senior Assistant City Attorney Nemcik & Assistant City Attorney DeCluitt. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Alexander called the meeting to order and explained the functions of the Board. AGENDA ITEM N0.2: Consider Absence Request from meeting. • Chairman Alexander explained the absence request from Board Member Murphy. Mr. Bond made'the motion to excuse Mr. Murphy's absence. Mr. Hill seconded the motion, whit/: passed unopposed (S-0). AGENDA ITEM N0.3: Approval of minutes from October 19,1999 meeting of the Board Board Member Bond and Alternate Member Ellis stated that they would abstain from voting on the minutes since they were not in attendance at the October 19, 1999 meeting. Mr. Happ made the motion to table t/ie minutes until the next scheduled meeting. Mr. Hill seconded the motion, wlziclt passed unopposed (5-0). AGENDA ITEM N0.4: Consideration of a rear setback variance for the construction of a new garage at 301 Lee Avenue. Applicant is Don DeLucia. Staff Planner Anderson stepped before the Board and presented the staff report. Ms. Anderson told the Board that the applicant is requesting the variance to construct a garage in the rear of the subject property. The subject property is located within and surrounded on all sides by an R-1 single-family residential district. All surrounding lots have been developed as single-family residential homes. The subject property is part of the oldest areas in College Station. Although collectively known as the "Southside", the area is made up of several subdivisions. • Detached garages have a required minimum rear setback of 20 feet. The applicant proposes to construct a combination garage and carport approximately 8 feet from the rear property line. The applicant, therefore, is requesting a variance of 12 feet. ZBA Minutes November 2, 1999 Page 1 of 3 The applicant offers the following special conditions: • 1) the original garage was converted to be part of the main structure in 1985 by the original owner/builder; thus, the home does not have an existing garage. 2) the proposed garage location is an open area within the wooded lot that was once utilized as a large garden. The applicant offers a hardship of preserving many large trees on the property. The proposed site is a cleared area that would not require the removal of any trees. Secondly, the applicant argues that if the garage was not required to meet the rear setback, it would impede the next door's view. Chairman Alexander opened the public hearing for those wanting to speak in favor of the request. Don DeLucia, the applicant, stepped before the Board and was sworn in by Chairman Alexander. Mr. DeLucia showed the Board an area map he had received from the City Utilities Department. Mr. DeLucia told the Board that the address for the property had been 209 Lee Avenue for about 65 years and was changed. Mr. DeLucia told the Board that he had spoken to his next door neighbor, Mr. Riggs and explained to him his intentions of building the garage. Mr. Riggs had no objections. Mr. DeLucia explained to the Board the reason for placing the new garage on the farthest corner of the lot was because that is the only area on the lot that does not have trees. Mr. DeLucia ended by telling the Board that the intent is to only maintain the neighborhood. Mr. Bond asked Mr. DeLucia if the garage was going to be a garage apartment. Mr. DeLucia answered • no it was not. There were discussions between Mr. Bond and Mr. DeLucia concerning the type and placement of the large trees on the lot. With no one else stepping forward to speak in favor or opposition to the variance request, Chairman Alexander closed the public hearing. Mr. Hill made the motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the proposed garage location is within the only open area on the property currently large enough to build such a structure; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: to enforce the setback required by current city ordinances would force the destruction of large trees on the lot; and such that the spirit of this ordinn,~ce shall be observed and substantial done subject to the following limitations: a rear setback varia~lce of no more than 12 feet to be allowed for the construction of the garage. Ms. Ellis seconded the motion. Mr. Happ amended the motion to add "and carport " to the limitations: Mr. Hill seconded the amendment, which passed unopposed (S-0). The Board voted (S-0) to grant the setback variance. Z6A Minuses November 2, 1999 PQge 1 of 3 • • AGENDA ITEM NO. S: Discussion of Joint City Council, Planning & Zoning & Zoning Board of Adjustment Workshop. Ms. Anderson told the Board that City Council requested the two workshops to be held November 8 & 9. Ms. Anderson told the Board that Monday's session will center on the City's Comprehensive Plan and the various roles of the City Council, Planning & Zoning and Zoning Board of Adjustment in it's implementation. The discussion on Tuesday will cover the city's development regulations as they relate to the implementation of the Comprehensive Plan and current development issues. Chairman Alexander told the Board that he wanted to address the special hearing that was held concerning the Welsh issue. Chairman Alexander stated it is regarding his request along with others to obtain copies of the tapes of that meeting. Chairman Alexander stated that he was copied on a letter when the City of College Station's City Attorney's Office was requesting clarification from the Attorney General's Office. Ms. Nemcik, from the audience, told Chairman Alexander that this could not be discussed at this forum because it was not on the meeting agenda. There were continued discussions between Ms. Nemcik and Chairman Alexander concerning this matter. AGENDA ITEM NO. 6: Adjourn. The meeting was adjourned. ATTEST: taf Assistant, Debo Grace ZBA Minuses November 1, 1999 APPROVED: Chairman, David Alex nder Page 3 oj3 Zoning Board of Adjustment i• • Guest Register ,~., ` Date yy'Qt~`~. `~~G 1 Name ~ `~ (/ 1. . 2. ~- ' 3. /~ •`-~ ~ c,-v-~ fit- S 5 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Address z ~` c~ C .'fir, r~ ~J ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 16, Ordinance Number 1638. I move to authorize a variance to the from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: yard (Section 8.7) lot width (Table A) - lot depth (Table A) minimum setback pazking requirements (Section 9) • and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: T© eh~~~e ~~ Q Se~,ba~~ reQu~~ ©r(f~ NA/ifC PS W©ul~ ~rce fti e ~~esfruc ~,oh ofi /a.-~ e f~~ eS r~~ fti ~ ly t ; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ,t Gt /^2A`^ ~e fb~crE I~Ar, QHC ~ ©~ Yt© `rtOre l ~iA~ ~ ~e e ~ to d e G? /! Dw ec~ ~r f~ e Con s l~r~c J~ oar ©~ Motion made by Seconded by _ Chair Sicmature Date ! ~ - ~ - / Voting Results ~ ~t CGS Q S fi^~1 c fc--r e ARrq 9P_ ahGY CGr ©~ ~ _ u,. Oct ~''28. 1999~r 9 ~ 33Ab9~urv 409-269-9636 RRC, 1 n c ~ uct do ~ 1929 P ~ 1 /1 r . u~ • ~~ Namc C`fty of C`atlege ~`~atian . Absence Request. `arm for ~~ectcd and A-ppointcd Officers /~Iu.~•~ 2g` l~~ Request Submitted an D c 7-. • ~'~c~v. ~ i ` ! I wiii. not ba fn attaadaace mt the mccUng of ~~, for the reason(s) specified: ~'~e o v z-' o ~ `~~it/. ~~~~~~~ .' ~c O~0 ~`~ <. ~_ /I L.. -- ~~ ~ ., - - - ~ ?'his request shall be swbrHtttcd to the Secretary of'the $oard oho-wc~k pr~Eor to »~eeting~atc~