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Ordinance WEST, WEBB, ALLBRITTON & GENTRY A PROFESSIONAL CORPORATION — Established in 1982 — PRINCIPAL OFFICE ATTORNEYS: 1515 EMERALD PLAZA STEVEN N.ALLBRITTON+ COLLEGE STATION,TEXAS 77845-1515 TELEPHONE (979)694-7000 ROY D.B *+ FACSIMILE: (979)694-8000 COURTNEEYY S S.CAIN DONALD DELGADO 260 ADDIE ROY RD.,SUITE 110 MICHAEL R.GENTRYR + PATRICK W.FOGARTY AUSTIN,TEXAS 78746-4111 ** ROB GEORGE October 20, 2014 TELEPHONE: (512)501-3617 BRYAN T.HANNA JENNIFER D.JASPER+ BAIL!B.RHODES JOHN"JAY"RUDINGER,JR. WEB SITE: http://www.westwebblaw.com WELDON RUSSELL*** JOHN C.WEBB,JR.+ Writer's e-mail: mike.gentry@westwebblaw.com GAINES WEST+ *BOARD CERTIFIED + partner PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION **BOAR ***BOARD CERTIFIED COMMERCIAL REAL ESTATE LAW CERTIFIED ESTATE PLANNING AND PROBATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION BOARD OF LEGAL SPECIALIZATION Zoning Board of Adjustments City of College Station 1101 Texas Ave. College Station, TX 77840 Re: Requested Variance by M.B. Flippen ("Applicant") From UDO "Accessory Use" Provision for Property Located at 1199 Haywood Drive ("Property") Dear Board Members: This matter concerns a requested variance by the Applicant from the "accessory use" provision contained in Section 12-6.5.6.5 of the City's Uniform Development Ordinance ("UDO"). Applicant believes that special conditions exist which justify a variance in this instance. The Property Applicant purchased the 36.829 acre parcel on which the subject structures sit in 1990. Applicant also owns 34.448 and 23.76 acre parcels of land directly adjacent to the 36.829 acre parcel, resulting in a 93.057 acre "ranch" Property (see Exhibit "1"). The Property is located adjacent to the Foxfire Subdivision, near the northeastern edge of the City limits, and was annexed by the City in 1992. Variance Requested Applicant lives in a house located in the middle of the Property ("Residence") (see Exhibit "1"). In October 2013, plans were approved by the City for Applicant to build a combined garage (on the first floor) and guest quarters (on the second floor) ("Carriage House") next to the Residence, and to expand and remodel the Residence. Applicant plans to live on the second floor of the Carriage House while the Residence is being remodeled. The October 20, 2014 Page 2 original plans called for the Carriage House to be connected to the Residence by a heated, attached hallway ("Hallway") (see Exhibit "2"). Applicant now seeks to finish construction of the Carriage House and remodel the Residence without the attached Hallway, which will cause the Carriage House to be considered an "accessory use" under Section 12-6.5.6.5 of the UDO. Section 12-6.5.B.5 provides that any "accessory use" shall "contain no more square footage than 25 percent of the habitable floor area of the principal structure, (with the exception of garage or carport areas devoted to the storage of vehicles, which shall not be included in the calculation and may exceed the 25 percent restriction)." In Applicant's case, the Residence as remodeled will contain 7,57-9 square feet (see Exhibit "3"), and the Carriage House when completed, not including garage space, will contain 3,188 square feet (see Exhibit "4"). Thus, the Carriage House will contain 50% of the square footage of the Residence, rather than the allowed 25%. Applicant is requesting a variance of 25% (50% minus 25%) from the UDO provision. Special Conditions Applicant believes several special conditions justify a variance in this instance. 1. Water Drainage Patterns. One special condition is the water drainage pattern in the area. The Residence and Carriage House are located in the middle of a downward sloping portion of the Property. Subsequent to the Plans being approved by the City, the area has experienced several periods of excessive rainfall. It has become clear that the drainage pattern for a significant portion of the surrounding area causes water to drain in a channel directly between the Residence and Carriage House, in the location of the intended Hallway (see Exhibit "5" and video from September 18, 2014). In fact, rainfall in the past month has caused more than a foot of soil to erode from the drainage channel area, exposing several utility pipes (see Exhibit "6"). Applicant believes that the construction of the Hallway and diversion of the water from this channel to another location will not only present a significant and costly engineering challenge, but will adversely affect the water drainage pattern of the surrounding area. 2. Rural, Secluded Property. Another special condition is the rural and secluded nature of the Property. As explained above, the Residence is situated in the middle of a 93 acre ranch. The granting of this variance will in no way effect neighboring landowners, nor is it likely to set a precedent for future similar structures. 3. Tree Damage. Finally, several large, mature live oak trees surround the existing Residence and Carriage House, which applicant has worked diligently to preserve and nurture (see Exhibit "5"). The addition of the Hallway will likely cause substantial damage to both the branches and root systems of these trees, and necessitate the removal of at least one tree. Conclusion Applicant believes that special conditions exist which merit an adjustment in this matter by the Zoning Board of Adjustments. Applicant requests that the Board grant a 25% "accessory use" variance from Section 12-6.5.6.5 of the UDO. 25012\ZBA Letter Revised 10-20-14.doc October 20, 2014 Page 3 Thank you for your consideration of this request. Sinc= ely i•.,:el H. Gentry 25012\ZBA Letter Revised 10-20-14.doc Exhibit"1" (the "Property") N30=36'12.-96° ----- Kti�. c..,E 1 I *T < fyo' s I Lys .. Q` r !I Op It, 11 1199 Haywoc.I Dr, College Station. TX 77845 ..j.. .t. \ " F — N1. 1°35147.04" -‘,.-----C- , C 1` '5m5, s°' t —.4. U,1 , to d t -I ,'' V 2 +�' ' '1 � Google e:rth I Google earth feet 2000 A meters 700 Exhibit"2" :c;, „ ; ,,.,.:A''.'' 14 Allo: . 3 ";ss`'. ,: 111 :40,to)0401 ",,, ,,,,::7 — ° M _ I . � 0a1 ' ' - illli 1 ,� ii ii II -C` o Villi _ ' II �•' s _d IliII I VIA 1 Mani II II II M z7.. ii II 11 -i' I .. _ii II :,l n e iZ r: I \\off�, �\_ �\�. i ( 1 _ sok_ Flippen Residence CGM home Builders L/ Q a 1199 Haywood Drive College station TX 3204 longmve College Statwn TX 77845(979)764-6701 _ October 20, 2014 Page 6 Exhibit"3" < imt _ t II ' Ax �II � Xo Ego o P 0 3 _ II O ii _ 8la m O II __� F-II I I II 1 ° o 0 II 0 . 4 9 =x S 7 C ��> ) 'o c � , 1111 � !m4 1 I _ _ rn II II II II II I C 1 0-11> ll t �I I HCJ L LL ,2,. i SFA i 2C SII' p. z. • -, .6 , nrT,mmN0,oN d �Rvdo ��o ?n U wy 0OoniTO II �K it si 2, n 1. v f;0 a2aN2a II s'9_ FL9 n S 2 0 G 0�Pd Ol W t-NO O N W �ii inf € f I D - T Flippen Main house CGM home Builders , 1199 Haywood Drive College Station TX 3204 Longmire Collage.5abon TX 77845(979)764-6701 P 25012\ZBA Letter_Revised 10-20-14.doc October 20, 2014 Page 7 Exhibit"4" q I 1 BM. lj .F.??..la ...._!..., i - .1..9a.' � ��� lNl11 ';�r __ �I v ss i ® - ..'11� —_ _ 1 ....A.-...-4.. ....1....1....3.. -. ... _ __..._w._.. .{-- 4 1 f--« __ - .-_-.-rte. -- J b TO. 1 N I� II i a+� GUM sure o —1 ]. ill I _ tI yiVIII; I" 1' WM Ii �I■i i 1 • s d i 4 1 } 11 D rllppen Carnage House CGM home builders u f t1 1199 Haywood Dnve College Station 1X 3204 long..:College 5t t oe IX 77845 1073)764.6701 T. 25012\ZBA Letter Revised 10-20-14.doc Exhibit"5" e. {\ moi �. •t A ). - • • le t 4 .,t t -. ... ' e t i ." ${ ! ri rte. �. r{ r t a �yc ' 1 � . '-c, � . z.- .t.' SS!"� Jt --- r -. ....-4 ,-4 . - • s T4E tII *1:' _ it a ' . ` !' it: .cosi .. '.f ,. yFik: , . �.Y : . . - ‘. P 0 -r ' ti.... �s`•c 214A '�. i 41 , TTTTTT ' /� 4 0 L • ,,k .. ., ....i.,...„...,.. . ,......... ., #,L._ - • . . . ..,, V..,..,441:''..,.'._. . •,... 'tlAI •`i' '4'�f•rr• !r Exhibit "6" Vi a y_ a. • 1 ss ...r t" i ' )1, t .� ` '41,4‘`...";- � •y., ' V',.� '''''*1.1'';'.'-':''''-.'•::_3.- -,. " /.....r om1i „te . 4.. vrC0 -;: \ . o •L�: i ..ii - x `,v�ri .Jj.'°`w4" 'v' s. y y,. '{S tz.:., .'-',...'=7,,L.-4- c4'...r:' -'4 -':tn .' ".`S,.7'Zst !' / m' �' `� s � -t �`. - t., ,#e ye '� f ti z. ,,`.h 1, ,u • „ d r{S II;jo Kms, c,--.4,:,, y.. a - x i� 11.-—• t'W54.,y� \ d i 1' `x` • ‘14 I'v 17 _`i .-^774:',t,?;-"'".'.' e„ �' .Zie ,# & J _' 1.. fir_''d f'Jrtr� z.a.iG , 'r ''':-.W.:::-.„ ,.>�"”. 7.1 a 3. L Z .r • d , ,'"'''''''''''''..:-`•' ‘,Y:s. .:.v / 1r 4 . . tr h w . _ -ti '.� � . • • i -, w r • 5•fic .&--azt,-: t'ra it'w . _ =,--4,;A„',,..-,e4` 4r y �` ' iY ,S��_° � l` 7.*:a t- •a .r 4,30*t.,4 j � . a a a i, a ' ' a , i5,=y ..,7.,',. ,:-:7;.......'.....4:- o ,yw, , \-- - ,) • A { • A *sem,.. 3r?� .. .aS'r+2 �.z4'.�s, r.rx�, r:'-"rl, r _. .w. . FOR OFFICE USE ONLY CASE NFO. 1`1yy " a(-12 DATE SUBMITTED: \0 I LA ( I"-I TIME: `Q L-1 O 6/7, mai D CITY OF COLLEGE STATION STAFF: ACS Home of Texas A&M University' ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: $350 Zoning Board of Adjustment Application Fee. 11 Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details, and floor plans. The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference ADDRESS 1199 Haywood Drive LEGAL DESCRIPTION (Lot, Block, Subdivision) A-901, Thomas Carruthers, Tract 25.5, 36.829 ac. and adjoining 52 ac. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name M.B. Flippen flip@flippengroup.com E-mail mike.gentry@westwebblaw.com Street Address 1199 Haywood Drive g City College Station State Texas Zip Code 77845 Phone Number (979) 693-7660 Fax Number PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name M.B. Flippen E-mail flip@flippengroup.com Street Address 1199 Haywood Drive City College Station State Texas Zip Code 77845 Phone Number (979) 693-7660 Fax Number Current zoning of subject property A-O Action requested (check all that apply): ❑ Setback variance ❑ Appeal of Written Interpretation ❑ Parking variance ❑ Special Exception ❑ Sign variance ❑ Drainage Variance ❑ Lot dimension variance [ Other Please see attached letter of explanation Applicable ordinance section to vary from: Section 12-6.5.B.5 (Accessory Uses-Living Quarters) Page 1 of 5 10/10 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: nA 14% variation from the "accessory use"provision of Section 12-6.5.8.5 (Living Quarters), enabling Applicant to ot construct a planned hallway between his residence and carriage house. Please see attached letter. 2. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. The water drainage pattern on the property, rural nature of the property, and the placement of mature trees on the property constitute special conditions justifying a variance. Please see attached letter. 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law.The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. Installing a hallway between the residential structure and carriage house will result in disruption of the natural water drainage patterns on the property and damage to large mature oak trees, both of which Applicant considers to be a hardship. Please see attached letter. 4. The following alternatives to the requested variance are possible: Installing a hallway between the residence and carriage house is a possible, but highly impractical, alternative. Please see attached letter. 5. This variance will not be contrary to the public interest by virtue of the following facts: The applicable structures are located the middle of a 93 acre ranch. The granting of this variance will not effect neighboring landowners or the public interest. Please see attached letter. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. <-- / /7 I /,,,,tha VI /6 - I ---/ ,'.'nature and title Date Page 2 of 5 10/10 CITY OF COLLEGE STATION Home of Texas A&M University' ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions, appeals of the Administrator's decisions, Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests, and PITY ordinance special exceptions. The ZBA is a fact-finding body, and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision,which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. APPLICATION * Any variance request, special exception, appeal of a decision of the Administrator or floodplain ordinance variance request shall be preceded by the applicant submitting to the Administrator a completed: 1)Application 2) Request Form * Applications and request forms are available from the Planning & Development Services Department or online at www.cstx.gov/aplications.. * The Administrator shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. * The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form. * Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Administrator shall inform the applicant of any extra materials required. * An applicant shall submit the non-refundable application fee, payable to the City of College Station, to defray notification costs.The fee is required at time of application submittal. APPEAL OF THE PLANNING ADMINISTRATOR DECISION * Appeals of Administrator's decisions shall be filed within thirty (30) days of the decision. * The ZBA shall hear the appeal within sixty (60) days after a complete application is received by the Administrator. * The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, or decision, of the Administrator by a concurring vote of at least four (4) of the five (5) members. * The completed application and request form must be received by the the Planning & Development Services Department by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline/Meeting Date Information schedule. * When the application and request form are received the item will be placed on the next available ZBA Meeting agenda. All required notices will be published. * The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. Page 3 of 5 10/10 NOTICE * The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1) week prior to the meeting. * The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1)week prior to the meeting. Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties. = Notice by certified mail to such owners shall correspond to the owner's names and address as shown on certified taxroles even if the tax rolls are incorrect or outdated. * At the applicant's request, the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1)week before the meeting. * The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2) weeks prior to the meeting. MEETING * Robert's Rule of Order, newly revised, shall be followed. * Meetings shall be held the first Tuesday of each month at 6:00 PM. * Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. * Each item before the ZBA must be heard by at least four(4) members. * The ZBA may act on any request with or without the applicant's presence at the meeting. * When hearing requests, this procedural format shall be followed: Staff Report ZBA Members ask questions = Public Hearing ZBA discussion and action MINUTES * The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years. * Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made. * Minutes shall be signed by the Chairman after they are approved by the ZBA. PUBLIC HEARING * Witnesses shall be placed under oath by the Chairman using this statement: "Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?" * Witnesses include the applicant and interested persons. MOTIONS * Motions shall be made on the Motion Format Form and be positive or negative. * Negative motions (motions to deny a request) should be made when the ZBA finds no special conditions, no undue hardship, or that the spirit of the ordinance will not be preserved. * Negative motions which fail do not imply the request is granted. * Requests are only granted when a positive motion is passed by at least four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present. REHEARING * Applicants must have the ZBA's approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. * When a request is denied, within ten days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this request, the applicant must submit to the Administrator new information that was previously not available to the Board. Page 4 of 5 10/10 * Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda. * To decide to rehear a request, the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property's special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion, and passage by a majority of members present. * The determination that information previously not available is relevant to a request's hardship and special condition does not necessarily indicate the eventual approval of a request. * If the ZBA approves a request to rehear, the applicant must pay a new fee by anestablished deadline to be scheduled for a future meeting. APPEAL DECISION * If an applicant wishes to appeal a ZBA decision, he must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning & Development Services Department. 10110 Print Form Page 5 of 5 WEST, WEBB, ALLBRITTON & GENTRY A PROFESSIONAL CORPORATION — Established in 1982 — PRINCIPAL OFFICE ATTORNEYS: 1515 EMERALD PLAZA STEVEN N.ALLBRITTON+ COLLEGE STATION,TEXAS 77845-1515 ROY D.BRANTLEY*+ TELEPHONE: (979)694-7000 COURTNEY S.CAIN FACSIMILE'. (979)694-8000 DONALD DELGADO 260 ADDIE ROY RD.,SUITE 110 MICHAEL R.GENTRY**+ PATRICK W.FAUSTIN,TEXAS 78746-4111 ROB GEORGE October 13, 2014 TELEPHONE: (512)501-3617 BRYAN T.HANNA JENNIFER D.JASPER+ BAIL!B.RHODES JOHN"JAY"RUDINGER,JR, WEB SITE: http://www.westwebblaw.com WELDON RUSSELL''* JOHN C.WEBB,JR.+ Writer's e-mail: mike.gentry@westwebblaw.com GAINES WEST+ *BOARD CERTIFIED + Partner PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION ** **BOARD CERTIFIED COMMERCIALOCERTIFIED REAL ESTATE LAW ESTATE PLANNING AND PROBATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION TEXAS BOARD OF LEGAL SPECIALIZATION Via Hand Delivery and Email: Isimms@cstx.gov Lance Simms Planning & Development Services City of College Station 1101 Texas Ave. College Station, TX 77840 Re: M.B. Flippen Variance Request Application re: 1199 Haywood Drive ("Property") Dear Mr. Simms: I represent M.B. "Flip" Flippen ("Applicant") in the above-referenced matter. Attached please find Applicant's Zoning Board of Adjustment Application, attached explanation letter, and our firm's check in the amount of $350.00 as the Application Fee. I am also enclosing a cd containing a video taken by Applicant on September 18, 2014 of the water drainage issue that is addressed in the Application. Applicant requests that this matter be heard at the Tuesday November 4, 2014 Zoning Board of Adjustment meeting. Thank you for your help in this matter. Sincer=ly, / chael H. Gentry Enclosures October 13, 2014 Page 2 cc: With Enclosures Flip Flippen via Email: flip@flippengroup.com Paul Bedard via Email:paul.bedard@flippengroup.com Jeremy Peters via Email:jpeters@gessnerengineering.com John Hart via Email:john@cgmhomes.com 25012\Letter to Zoning Administrator_final 10-13-14.doc WEST, WEBB, ALLBRITTON & GENTRY A PROFESSIONAL CORPORATION — Established in 1982 — PRINCIPAL OFFICE ATTORNEYS: 1515 EMERALD PLAZA STEVEN N.ALLBRITTON+ COLLEGE STATION,TEXAS 77845-1515 TELEPHONE (979)694-7000 COURTNEEYY S.CAIN ROY D.B *+ FACSIMILE (979)694-8000 SC DONALD DELGADO 260 ADDIE ROY RD.,SUITE 110 MICHAEL R.GENTRYR **+ PATRICK W.FAUSTIN,TEXAS 78746-4111 ROB GEORGE October 13, 2014 TELEPHONE: (512)501-3617 BRYAN T.HANNA JENNIFER D.JASPER+ BAILI B.RHODES JOHN"JAY"RUDINGER,JR. WEB SITE http://www.westwebblaw.com WELDON RUSSELL*** JOHN C.WEBB,JR.+ Writer's e-mail: mike.gentry@westwebblaw.com GAINES WEST+ *BOARD CERTIFIED + partner PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION **BOAR **BOARD CERTIFIED COMMERCIAL CERTIFIED REAL ESTATE LAW ESTATE PLANNING AND PROBATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION TEXAS BOARD OF LEGAL SPECIALIZATION Zoning Board of Adjustments City of College Station 1101 Texas Ave. College Station, TX 77840 Re: Requested Variance by M.B. Flippen ("Applicant") From UDO "Accessory Use" Provision for Property Located at 1199 Haywood Drive ("Property") Dear Board Members: This matter concerns a requested variance by the Applicant from the "accessory use" provision contained in Section 12-6.5.6.5 of the City's Uniform Development Ordinance ("UDO"). Applicant believes that special conditions exist which justify a variance in this instance. The Property Applicant purchased the 36.829 acre parcel on which the subject structures sit in 1990. Applicant also owns 34.448 and 23.76 acre parcels of land directly adjacent to the 36.829 acre parcel, resulting in a 93.057 acre "ranch" Property (see Exhibit "1"). The Property is located adjacent to the Foxfire Subdivision, near the northeastern edge of the City limits, and was annexed by the City in 1992. Variance Requested Applicant lives in a house located in the middle of the Property ("Residence") (see Exhibit "1"). In October 2013, plans were approved by the City for Applicant to build a combined garage (on the first floor) and guest quarters (on the second floor) ("Carriage House") next to the Residence, and to expand and remodel the Residence. Applicant plans to live on the second floor of the Carriage House while the Residence is being remodeled. The October 13, 2014 Page 2 original plans called for the Carriage House to be connected to the Residence by a heated, attached hallway ("Hallway") (see Exhibit "2"). Applicant now seeks to finish construction of the Carriage House and remodel the Residence without the attached Hallway, which will cause the Carriage House to be considered an "accessory use" under Section 12-6.5.B.5 of the UDO. Section 12-6.5.6.5 provides that any "accessory use" shall "contain no more square footage than 25 percent of the habitable floor area of the principal structure, (with the exception of garage or carport areas devoted to the storage of vehicles, which shall not be included in the calculation and may exceed the 25 percent restriction)." In Applicant's case, the Residence as remodeled will contain 7,579 square feet (see Exhibit "3"), and the Carriage House when completed, not including garage space, will contain 3,188 square feet (see Exhibit "4"). Thus, the Carriage House will contain 42% of the square footage of the Residence, rather than the allowed 25%. Applicant is requesting a variance of 14% (42% minus 25%) from the UDO provision. Special Conditions Applicant believes several special conditions justify a variance in this instance. 1. Water Drainage Patterns. One special condition is the water drainage pattern in the area. The Residence and Carriage House are located in the middle of a downward sloping portion of the Property. Subsequent to the Plans being approved by the City, the area has experienced several periods of excessive rainfall. It has become clear that the drainage pattern for a significant portion of the surrounding area causes water to drain in a channel directly between the Residence and Carriage House, in the location of the intended Hallway (see Exhibit "5" and video from September 18, 2014). In fact, rainfall in the past month has caused more than a foot of soil to erode from the drainage channel area, exposing several utility pipes (see Exhibit "6"). Applicant believes that the construction of the Hallway and diversion of the water from this channel to another location will not only present a significant and costly engineering challenge, but will adversely affect the water drainage pattern of the surrounding area. 2. Rural, Secluded Property. Another special condition is the rural and secluded nature of the Property. As explained above, the Residence is situated in the middle of a 93 acre ranch. The granting of this variance will in no way effect neighboring landowners, nor is it likely to set a precedent for future similar structures. 3. Tree Damage. Finally, several large, mature live oak trees surround the existing Residence and Carriage House, which applicant has worked diligently to preserve and nurture (see Exhibit "5"). The addition of the Hallway will likely cause substantial damage to both the branches and root systems of these trees, and necessitate the removal of at least one tree. Conclusion Applicant believes that special conditions exist which merit an adjustment in this matter by the Zoning Board of Adjustments. Applicant requests that the Board grant a 14% "accessory use" variance from Section 12-6.5.6.5 of the UDO. 25012\ZBA Letter_Final 10-13-14.doc October 13, 2014 Page 3 Thank you for your consideration of this request. Sinc- el / i ael H. Gentry 25012ZBA Letter_Final 10-13-14.doc Exhibit"1" (the "Property") ITN30=361-12:96" F c'1 ' t !lopt c,,P`' , .v 0' P» i ` t 1 1199 Haywot,I Dr, College Station, TX 77845 1_,:,..1\1 jw I R liI i c.° �',, N3 12-35'4704" 1 �'-- -- 0 i me —— { —1 T I a' tic,`,, f Y ,. �.j__.._. , SLr 1 34 ,, .x,,..,s�' °'rte v ; ,.., r (,()().)lc e :rth c Google earth feet 2000 A meters 700 Exhibit"2" -4- °` ' �������• 'sem 4;3.:- .„.•; .;- . >'% 4' ' y ee I Q wail=II ti 7.1- r „(III 1 4i 1.-1! -iii , , „ ,t:- ; im - 1 mi ;x i to 2. sal - -'�'i'L, V�J Q � 1 e ,,11 co ,r_L k t [ Ili Flippen Residence CGM Home Builders 1 199 Haywood Drive Cohege Station TX 1 3204 Longmire Conege 5tE,n TX 77345(979)764-6701 October 13, 2014 Page 6 Exhibit "3" I 1 gf' ---oo _ 1:i. i2 1 . 0 0 -- 1 F. 31 11 q• C II 3ill L. ME MI ?FA]41 111 [117011 I f I_ 11 1� I , Al - � p' ____; �II11 IIIIIHiki I!V ■ - I -_ .� 7 . .I 4N if ., F. I f II IN: i co I% I 11re1�1" u _1_ __ ■_. i . i __ gip. .. 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