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HomeMy WebLinkAbout09/21/1982 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • City of College Station, Texas Zoning Board of Adjustments September 21, 1982 7:00 P.M. • MEMBERS PRESENT: Board Chairman Cook, Members MacGilvray, Wagner, Upham, Donahue; also Council Liaison Boughton MEMBERS ABSENT: Alternate Member Lindsay STAFF PRESENT: Zoning Official Kee, Asst. Director of Planning Callaway and Planning Technician Volk AGENDA ITEM N0. l: Approval of Minutes from August 17, 1982. Mr. Upham made a motion to approve the minutes; Mr. Wagner seconded the motion; motion carried unanimously. AGENDA ITEM N0. 2: Consideration of a request for a Variance to Table A - Ordi- nance 850 - Minimum Side Setback requirements at 502 Boyett. Application is in the name of A. P. Boyett, Jr. Mrs. Kee explained the request, giving background of the residence which was built in compliance with ordinances in effect at that time, but has since become a no nconform- ing structure upon adoption of the current ordinance; and any change to that structure must now come before the Board for Approval. A. P. Boyett, Jr., owner of the residence was sworn in and further explained that the proposed addition would meet all setbacks in the current ordinance, and reiterated that it is the existing structure which is non-conforming, not the proposed addition. Mr. MacGilvray made a motion to authorize the variance to the enlargement of a non- conforming structure as the enlargement of a building devoted to a nonconforming use where such extension is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a nonconforming use more than 25% and does not prolong the life of the nonconforming use or prevent a return of such property to a conforming use. Mrs. Donahue seconded the motion; motion carried unanimously. AGENDA ITEM N0. 3: Consideration of a request for a Variance to Table A - Ordi- nance 850 - Minimum Front Setback requirements at 1107 Hawk Tree Drive. Application is in the name of Doni, Inc. d/b/a D.R.Cain Company. Mrs. Kee explained the request, stating that the 2 ft. encroachment of the garage portion of this home was not detected at the time the home was built, (about 2 years ago) and that during a recent survey which was made for purposes of resale of the home, this encroachment was detected. Harry Bostic, representative for D. R. Cain Company was sworn in and said the company which built the home was aware of the encroachment at the time of construction, but that the City apparently did not catch the encroachment during inspections. • Mr. Wagner said that he had driven by the home and that the encroachment was hardly noticable, and that it was his opinion that the present owner or any future owners should not be censured because of a builder error and one of the City not catching the error in time to correct it. ZBA Minutes 9-21-82 page 2 Mr. Upham became upset that a builder would knowingly build a house with a violation of any City codes and cited several cases which had been turned down in the past. Mrs. Boughton and Mr. Wagner cited cases which had been approved. Mr. Wagner then made a motion to authorize a variance to the front minimum setback (Table A) from the terms of this ordinance as it will not be contrary to the public interest, due to the follow- ing unique and special condition of the land not normally found in like districts: (1) Residence already exists, and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship, and such that the spirit of this Ordi- nance shall be observed and substantial justice done. Mr. MacGilvray seconded the motion; motion carried unanimously. Mr. Upham stated emphatically that he wants it known that concerning any construction initiated from this date forward, this Board will not function as a Civil Court. Re- course in a case such as this is for the present owner to sue the former owner, who in turn can sue the builder who knew about this particular violation at the time of construction. Mr. MacGilvray agreed that builders must be convinced somehow that homes and property are a matter of legal record, and if they are not right, then they are wrong. However, he thinks that in this particular case the City cannot be held blameless. Mr. Upham wanted the City Council, the City Attorney and staff to be notified that any error in placement of improvements on property which encroach for any reasons will not be handled by this Board. He feels like this Board should never have to look at some- thing which is already completed. Mrs. Cook made a motion to carry to the City Council the following statement: "We (the • Zoning Board of Adjustments) do not want to be .presented with situations where we are actually acting as a Court of Law, and in instances where there is a question of Law, the first person contacted ought to be the City Attorney to see whether this is indeed under the jurisdiction of the Zoning Board of Adjustments or whether it is a situation which should be brought before a Court." Mr. Upham seconded this motion; motion car- ried unanimously. Kelly Carter, resident of 1110 Hawk Tree was sworn in and asked how this ruling affects other homeowners in that area, and if they found (upon attempting to sell their property) that an encroachment exists, where should they go first, to the City, the ZBA or an Attorney. Mr. Upham suggested should the need arise, that they first go to the City, then perhaps to the City Attorney, and if needed, then to a private attorney. George Sharman, resident of Airline was sworn in and asked if a punitive law suit (City vs. Builder) would 6e in order in a case like this, and the Board replied they really did not know, but that in a case like this one, they felt the City could not be blameless because the encroachment was not caught during inspections. AGENDA ITEM N0. 4: Other Business. Mrs. Kee explained her request concerning the Board extending the policy of staff approving expansion of conforming structures on a lot where there existed a non con- forming structure, to include staff approving expansions of or additions to a non- conforming structure in a case where the addition itself does not in any way affect or increase the area of non-conformity or in any way creates any non-conformance of its • own (the non-conformance being of setback, lot dimension, etc.; but not parking). Mr. Upham made a motion that the ZBA authorize staff to grant permits in the instance where the proposed construction does not affect any existing non-conformanity of setback or lot dimension. If the staff sees a potential problem they may bring the permit before the Board. Mr. Wagner seconded the motion which carried unanimously. ~- ZBA Minutes 9-21-82 page 3 Mrs. Kee then informed the Board that she was having more questions concerning Home Occupations than ever before, she was having a difficult time answering the calls, and asked the Board to please assist her in coming to a more clear interpretation of the Ordinance. She informed the Board that she has always advised that home occupations should not advertise an address, and should not bring people to the home for a service to be rendered, however piano lessons have always been an exception to this interpre- tation. Also, Mrs. Kee requested interpretation from t~1e Board concerning what consti- tutes installation of machinery or equipment in the home. Mr. MacGilvray stated that he thinks that government should stay out of homes until city streets, sidewalks, etc. are affected. Mrs. Cook said that usually the question comes up when a complaint is filed concerning someone doing business. in the home. The Board told Mrs. Kee that if the definition of Home Occupations is to be changed, it should come from the City Council, but Mrs. Kee said that if it were a question of interpretation, (and she thinks this is) it should come from the Board. Mr. Wagner said that he felt that individual treatment should be given to each question that comes up, but in his mind, he thinks that if specialized equipment is necessary, or that other than normal traffic is generated, the business no longer falls in the "home occupation" category. He would also include that a home occupation should not constitute a primary source of income. Mr. Satya, a resident of College Station was sworn in and stated that his wife offers electrolysis in the home for only 1 person at a time, and currently has only 4 custo- mers. Mr. Upham asked if this were permitted, what would happen if the business com- pounded and the result was a steady stream of customers? He wondered aloud at what point does a home occupation become a business, and where should the line be drawn. The Board then asked staff to study ordinances from other cities, to meet with the City Attorney, to bring a list of home occupations permitted in other places to • the next meeting of the ZBA ,and to include this under Other Business on the agenda. Mr. Upham asked for an update on the combined meeting of City Council, PAZ and ZBA concerning Northgate. Mrs. Boughton informed the Board that at the regular meeting of the City Council on g-23-82 a committee would be appointed to study the area and recommend a permanent solution, and that no variances to parking requirements would be granted in the next 12 months. Mrs. Cook then thanked the Board and the Council for their support at this joint meeting. Mrs. Boughton asked if any members were interested in serving on the committee, and Mrs. Cook and Mr. MacGilvray expressed interest. Mr. Wagner then reminded the Board that Ed Walsh was to complete his parking lot pro- ject and have it inspected prior to September .15th. Mr. Walsh has completed it, and he (Mr. Wagner) has inspected it, and it is finished to his satisfaction, therefore, Mr. Walsh has met his obligations and can remain in business until August 31, 1983• Mrs. Kee reported that the power line which runs across A.G.Searcy's property is an old REA line, is a main feeder line, and there are no plans now to relocate it. The Board stated that it had been given the impression that this line was installed to carry electricity to a street light by Mr. Searcy's home, and that because the answer provided is not altogether satisfactory to them, they instructed Mrs. Kee to inform Joe Guidry, Mr. Searcy and the City Attorney that their presence is required at the next ZBA meeting. Mrs. Cook informed the Board that a piz a es urant had~been o ened in a building where the appl i cantata previous meeting ~opera~°nged htour sOwru'l~~e from. 9-9 ~ Bd. had • ~d th:i.s ~in apv.l of variancm nd it is her desire that these hours be strictly enforced. Mrs. Kee informed the Board that the operators of this restaurant have been made aware includ-1 ZBA Minutes g-21-82 page 4 of the approved hours of operation, as well as all other stipulations the Board made. • Mr. Wagner made a motion to adjourn with Mr. Upham seconding; motion to adjourn car- ried unanimously. APPROVED: /d Vi Cook, Chairman :7 ATTEST: Dian Jones, City Secretary :7 • zBA ~ P„,. ~,~.~.r..., a a~, /98~ r