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MinutesMINUTES Zoning Board of Adjustment May 4, 2004 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Rodger Lewis, Graham Sheffy & Ward Wells MEMBERS ABSENT: Alternates Jay Goss & John Fedora (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner's Jennifer Prochazka & Molly Hitchcock, City Attorney Carla Robinson, Action Center Representative Regina Kelly. 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. No requests were submitted. AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting minutes from April 6, 2004. Mr. Sheffy made the motion to approve the minutes. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Public hearing, consideration, discussion and possible action to approve variances at block 2, Richards Subdivision (corner of Sterling Street and Crest Street). Applicant is Shabeer Jaffar. (04-77). This item was pulled from this meeting by the applicant. AGENDA ITEM NO. 5: Public hearing, consideration, discussion and possible action to approve variances at 822 Avenue B, lot 4, block 2, Lloyd Smith Subdivision. Applicant is The City of College Station Community Development Office. (04-96). Staff Planner Molly Hitchcock presented the staff report and told the Board that the applicant is requesting the variances for the construction of a new home. A deteriorated residential structure sits on the subject property. Community Development would like to help the owner demolish the existing structure and build a new one. The house planned for this lot will encroach into the required side setbacks. The house will be five feet from both side property lines; thus, the applicant is requesting variances of 2.5-feet to both side setbacks to allow for the construction of the new house. ZBA Minutes May 4, 2004 Page I of 3 The Lloyd Smith Subdivision, where the subject property is located, is one of the original neighborhoods in College Station. Platted before the city had subdivision regulations that dictated the size of a lot, the property and those surrounding it do not meet today's minimum lot width standards. Currently, structural encroachments into setbacks exist on the site. The applicant has stated that the narrow lot width reduces the buildable area of the lot. As alternatives to the variances, the applicant has stated that the city can: 1. Construct a narrow house that will result in cramped interior living space, or 2. Deny the owners assistance to redevelop. Chairman Hill opened the public hearing for those wanting to speak in favor of the request. Eric Barton, Housing Programs Coordinator for the COCS Community Development Office, stepped forward and was sworn in by Chairman Hill. Mr. Barton spoke in favor of the request. Mr. Barton told the Board that the concern of two structures being too close to each other came up at the last meeting he was at and since then has talked to Lance Simms the Building Official and he had some information to give the Board. In the City's Ordinance # 27.13 recently amended on March 25, 2004 it states that "exterior walls with a fire separation distance of less than 3-feet shall have not less than 1-hour fire resistive rating with exposure from both sides. The provision shall not apply to walls which are perpendicular to the line used to determine the fire separation distance." With on one else stepping forward to speak concerning this case Chairman Hill closed the public hearing. Mr. Sheffy 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 lot was platted before the city had subdivision regulations that dictated the size of a lot by today's standards and this variance would cause no hardship and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: that the current house could not be destroyed and a new on built that would basically help the standards of this neighborhood; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: side setback variances of 2.5-feet on each side. Mr. Richards seconded the motion. Mr. Lewis stated that he is going to support granting the variances but he wanted to state that this could have been solved by conveying 5-feet from the adjoining lot which belongs to the applicants' grandmother. Chairman Hill stated that he also favored the variances. The home is in definite need of replacement. Chairman Hill called for the vote. The Board voted (5-0). The variances are approved. AGENDA ITEM NO. 6: Discussion of Administrative Adjustments approved by City Staff. No adjustments given. ZBA Minutes May 4, 2004 Page 2 of 3 AGENDA ITEM NO. 6: Consideration and possible action on future agenda items - A Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Mr. Richards asked that the 200-foot notification area be looked at. Mr. Wells asked that staff give the intent and the basis why it is set at 200-feet. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant ZBA Minutes May 4, 2004 Page 3 of 3