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HomeMy WebLinkAbout03/06/2001 - Regular Minutes - Zoning Board of Adjustments1.W MINUTES Zoning Board of Adjustment March 6, 2001 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS ENT: Chairman Hill, Lewis, Richards Alternate Members Goss & Corley. MEMBERS ABSENT: Sheffy & Alternate Member Birdwell. STAFF PRESENT: Staff Assistant Grace, Staff Planners Reeves, Hitchcock. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consider any absence request forms — Graham Sheffy. Mr. Goss made the motion to approve the request. Mr. Richards seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Approval of minutes from February 6, 2001 meeting of the Board. Mr. Goss made the motion to approve the minutes as presented. Mr. Lewis seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration to rehear the front setback variance request at 203 Landsburg Court, lot 22, block 22, Edelweiss Estates 7 -B. Applicant is Eugene Thompson Adair Iv. Mr. Corley stated that the special condition noted is that the Building Inspector made an error during the inspection. It is his understanding that the city is not responsible for that. Chairman Hill replied that was correct. Basically what happened was the Building Inspector went to inspect the forms prior to the slab being poured. The lot being in a cul-de -sac, the builder pulled the string between the two front points of the lot. The string was pulled straight across not allowing for the curvature of the lot. The inspector measured the setback of the forms, as they were set based upon the string that the builder pulled. It is considered to be the builders responsibility to provide the correct reference point from which to measure the setbacks. Mr. Corley stated that with no other special conditions listed he would have to deny the request to rehear this case. Mr. Corley made the motion to deny rehearing the case. Mr. Goss seconded the motion, which passed unopposed (5-0). fir+ ZBA Minutes March 6, 2001 Page 1 of 4 AGENDA ITEM 5: Consideration to rehear the front setback variance request at 200 Augsburg Court, lot 10, Block 24, Edelweiss Estates 7 -B. Applicant is Eugene Thompson Adair IV. 1%W Once again Mr. Corley stated that with no other special condition listed he would have to deny rehearing the case. Mr. Corley made the motion to deny rehearing the case. Mr. Goss seconded the motion. Mr. Lewis stated that he wished under the rules of this Board that there were some provisions for errors made like this. Chairman Hill stated that the Board is sympathetic to the builder but this Board is bound by rules, procedures and regulations that they have to abide by. The Board voted unanimously to deny rehearing the case (5 -0). AGENDA ITEM NO. 6: Consideration of a side street setback variance on lot 13, block 2, Lloyd Smith Addition (Churchill Street). Application is Habitat for Humanity). Ms. Hitchcock Staff Planner stepped before the Board and presented the staff report. Ms. Hitchcock told the Board that Habitat for Humanity is requesting a V side street setback to allow for the construction of a home on the lot. The subject property is undeveloped. A house is planned for this lot that will encroach into the required side street setback. The side of the house will extend approximately six inches over the side street setback line. The size of the lot in conjunction with the corner location could be considered as a special condition. Although the subject property meets the minimum width for R -1, it has a greater setback requirement *%, than the interior lots of 50 -ft width. That is, houses on interior lots are required to be set back 7.5 ft from each side property line. The end property must be set back 7.5 feet on the interior side and 15 -ft from the side street. Since the lot at the corner of Churchill and Preston on Block 2 was not designed to equalize the buildable space available within the whole block, lot 13 is at a disadvantage compared to its neighbors. The Lloyd Smith Subdivision, where the subject property is located, is one of the original neighborhoods in College Station. Subdivisions that have been platted in more recent years have accommodated the increased setback requirement with larger corner lots. Since the property does meet the minimum 50 -ft width, the Board must decide if this parcel has a special condition, or if the situation is a general condition. If the Board considers the fact that the lot size is approximately the same as its neighbors but has greater restrictions placed upon it as a special condition, then a hardship would be the inability to build a house of comparable size to the others in the area. The Board may not consider a financial hardship as the only hardship involved in a case, but it may be considered in addition to other hardships. The City of College Station on February 22 donated the subject property to Habitat for Humanity for the purpose of building a house and selling it to a resident that has been living in substandard housing. At Habitat for Humanity, volunteer - friendly construction plans are created for each project, but are used repeatedly by the organization on different properties to k reduce the costs of the homes. ZBA Minutes March 6, 2001 Page 2 of 4 The additional cost of preparing a custom plan for this lot would increase the overall cost of the project, therefor negating the ability to provide low - income housing at a low cost on this lot. Staff has identified the following alternatives to granting the one -foot side street setback variance request: 1. Grant a lesser variance. The applicant has stated that the plan for the house would encroach six inches into the required setback. A variance of 6 inches would still allow for the construction of the home. Additional inches would create room for a small margin of error. 2. Do not grant the variance. The structure is in the planning phase, so at this time, no physical encroachment exists. A denial will require the applicant to design a house that meets the side street setback requirement for the lot. If no house is built on the lot within eighteen months, ownership of the property will revert back to the City of College Station. Mr. Lewis spoke about the other variances granted in the neighborhood and many of them are on corner lots. Ms. Hitchcock told the Board that each case stands on its own merits. This does show the problems that an older neighborhood does have. Chairman Hill opened the public hearing. Randy Brumley, City of College Station Community Development Administrator, stepped before the Board and was sworn in by Chairman Hill. Mr. Brumley told the Board that the neighborhood has poorly maintained and substandard dwellings. The City of College Station has taken a position to encourage and promote as much as possible development in the area. Mr. Goss asked what the square footage of the proposed house is. Mr. Brumley replied that he did not know but the applicant was present and could answer that question. Mr. Goss asked if the City of College Station is supporting this request. Mr. Brumley replied yes. The City Council approved the donation of the property to Habitat for Humanity. Patricia Burk, Executive Director of Habitat for Humanity, stepped before the Board and was sworn in by Chairman Hill. Ms. Burk asked the Board to consider the request. The house is 1160 square feet and the intention is to have a drive entry off of Preston Street to the back of the house. The house plan is one of 5 plans. This particular house plan is the narrowest they have. With no one else stepping forward to speak in favor or opposition, Acting Chairman Hill closed the public hearing. Mr. Lewis made the motion to authorize a variance to the minimum setback by one foot from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: narrow lot created prior to city setback requirements for side streets; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: very small buildable area on the lot; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion, which passed unopposed (5-0). '%r ZBA Minutes March 6, 2001 Page 3 of 4 AGENDA ITEM. NO. 7: Future Agenda items_ No items were discussed. I%W AGENDA ITEM NO. 8 Adjourn. The meeting was adjourned. ST• eborah Grace, Staff ssistant 4 APPROVED: Leslie Hill, Chairman ZBA Minutes March 4 2001 Page 4 of 4