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Correspondence The City of ` iCollege Station, Texas \ / Embracing the Past, Exploring theFuture. ture. P.O.Box 9960 • 1101 Texas Avenue • College Station,TX 77842 • (979)764-3500 www.ci.college-station.tx.us June 10, 2003 Jacob B Beal Sr. Estate C/o Beal Century 21 Real Estate 404 University Drive E, Suite H College Station, TX 77840 Re: 513 Cooner Driveway Compliance Dear Sir or Madam, On February 71h of this year we received a permit application to construct new driveway improvements at this address. A copy of the application received is included for your records. On February 24th we returned comments that required the revision of the proposed construction plans, and resubmittal for review. A copy of the City comment notification is also included. To this date, no further submittals have been made, and therefore no permit has been issued for the improvements. Field inspection has verified that improvements have been constructed without obtaining the required permit in violation of City Ordinance. It also appears that the constructed work is in violation of one or more physical requirements for driveways according to our access management ordinance. This letter shall serve to formally notice you, the record owner of the property, that the constructed work does not meet city code requirements, and that the permitting process must be restarted and completed, including any physical modifications to the driveway that may be required by the eventual permit. To this end, a revised permit application should be received in this office no later than 10 days after your receipt of this notification. Full compliance with any permit eventually issued will be required within 30 days of the permit issuance date. Home of Texas A&M University Home of the George Bush Presidential Library and Museum Failure to pursue this process will result in compliance action(s) through our Code Enforcement Division. Should you have any questions, comments or wish to meet and discuss this issue personally, you may contact me at 764-3570. Thank you in advance for your cooperation and assistance. Sincerely, Brett McCully, P.E. Assistant City Engineer Cc: Jon Mies Natalie Ruiz David O'Neal The City of College Station, T xas Embracing the Past, Exploring lorin8 the Future. P.O.Box 9960 • 1101 Texas Avenue • College Station,TX 77842 • (979)764-3500 www.ci.college-station.tx.us June 18, 2003 Jacob B Beal Sr. Estate C/o Beal Century 21 Real Estate 404 University Drive E, Suite H College Station, TX 77840 Re: 513 Cooner Driveway Compliance Dear Sir or Madam, On June 10th I sent a notice of non-compliance regarding un-permitted driveway construction at the above address. I have since discussed the issues with the contractor, Mr. O'Neal, at some length, both personally and via e-mail. I understand that Mr. O'Neal is not intending to correct the work, but may be intending to request necessary variances from two different City boards. Because this issue involves Code Enforcement, which is prosecuted against property owners, not their contractors, I feel that it is important to share the information discussed to date with you. Therefore I have attached a copy of the e-mail discussion for your review and reference. I would appreciate it if I could be given a contact person at your firm so that any future contact can be made more efficiently. Should you have any questions, comments or wish to meet and discuss this issue personally, you may contact myself of Natalie Ruiz at 764-3570. Thank you for your cooperation in resolving this matter. Sincerely, B tt McCully, .E. Assistant City ngineer Home of Texas A&M University Home of the George Bush Presidential Library and Museum Brett McCully - Re: 513 A&B Cooner Page 1 From: Brett McCully To: Henry O'Neal Date: 6/18/03 11:29AM Subject: Re: 513 A&B Cooner Mr. O'Neal, Based on your response, and lack of submittal for what was built, I went and personally measured the constructed work. Based on this information, I find that the current driveway is in violation of two separate ordinance requirements. The first violation is the maximum allowable driveway width for a duplex unit of 28 feet. I measured just over 41 feet. In order to not correct this item, a variance is needed from our Project Review Committee. There is a$150 fee for this process, and when we have the fee paid, we can schedule your case to be heard. The meetings are normally held twice a month, with the earliest meeting you could make on July 17th. In order to make that meeting, we would have to have the fee paid by the end of next week. The second violation is the inadequate setback of the parking spaces from the property line. Our Zoning Ordinance requires that the parking area cannot be constructed within 8 feet of the front property line (excepting the driveway access). Based on my inspection this requirement is not met. In order not to correct this item, a variance will be required from the Zoning Board of Adjustment. There is another$150 fee for this process, and due to the fact that the ZBA meets less frequently, you will be informed which date your case will be heard once the fee has been paid. Until such time as the fees are paid for the variance procedures, the work will be considered a code enforcement issue. After both fees have been paid, and the property owner(s) acknowledge the variance applications, enforcement will be suspended until the variance requests have been heard. Should you have any questions, please contact myself or Natalie Ruiz. Brett McCully, P.E. >>> "Henry O'Neal" <hroneal@msn.com> 06/18/03 09:03AM >>> Dear Brett, Because of the information I received on my first visit to your office, I would still like to request a variance from the Planning and Zoning Board for the driveway at 513 A&B Cooner. Since Cooner is a dead end street and 315 Cooner is located very near the end of the street, there is no need to change the driveway. I will call you later this morning. Thanks for your patience with me. Sincerely, David O'Neal Original Message From: Brett McCully To: hroneal@msn.com Sent: Tuesday, June 17, 2003 12:55 PM Subject: Re: 513 A&B Cooner Brett McCully- Re: 513 A&B Cooner Page 2 Mr. O'Neal, I understand that you may be doing any corrective work, but since any Code Enforcement is against the property owner, we need to have a representative of the owner present at this meeting. I have meetings already at 10:00 and 2:00 tomorrow, so far, any other time is open. Bret McCully >>> "Henry O'Neal" <hroneal@msn.com> 06/17/03 12:05PM >>> Dear Brett, Thanks for your answer to my e-mail. I will call you tomorrow to set up a date to meet you at 513 A&B Cooner to discuss the available options. Sincerely, David O'Neal Original Message From: Brett McCully To: hroneal@msn.com Cc: Natalie Ruiz Sent: Tuesday, June 17, 2003 10:55 AM Subject: Re: 513 A&B Cooner Mr. O'Neal, Because you have not done much driveway work in College Station, I understand your confusion regarding our driveway review and permitting process, which is why I provided you with a copy of the reference booklet for your use. In hopes of providing further clarification, offer the following responses to your variance request. By signing and submitting the driveway permit form on February 2nd, it can be determined that you were aware of the necessity to obtain such a permit. The permit form states that work cannot commence prior to permit approval, which still has not occurred. After I reviewed your submittal, I provided comments to you dated February 24th indicating where your submittal did not meet the City requirements, along with directions to resubmit a drawing showing a compliant design. In accordance with the ordinance information I provided, you had 30 days from receipt of my comments to request an appeal. That period expired some time ago. Brett McCully - Re: 513 A&B Cooner Page 3 After 90 days had passed since transmittal of my comments, and no response or resubmittal had been made, I sent a letter of non compliance to the owner of record, of which you also received a copy. As I explained when we met on Monday, the constructed driveway is in violation of at least one requirement, that of maximum width. Duplex units are classified as residential, not commercial or multi-family, therefore the width allowance for those types of developments do not apply to your project. I also provided you with the information I need to verify that other requirements are met, in order to minimize modifications needed to meet code. I suggest that you discuss this information with the property owner, and that we meet as soon as possible to discuss what options are available to close this issue. Brett McCully, P.E. Development Engineer >>> "Henry O'Neal" <hroneal@msn.com> 06/16/03 04:13PM >>> Brett McCully, P. E. Assistant City Manager Development Services College Station, Texas Dear Brett, After speaking with you this morning about the changes I needed to make on the driveway at 513 A&B Cooner Street, I wish to appeal your decision on the driveway and request a variance from the City Planning and Zoning Board because of the initial instructions I received from your office on February 7, 2003. When I asked to purchase a driveway permit I was instructed to complete a Permit to Construct Access Driveway Facilities form to include a sketch of the planned driveway. I was then told I did not need a Permit to construct the driveway and could begin construction immediately and when completed call the inspection office for an inspection of the completed driveway. Your office did not give me the requirements for driveway construction and the driveway was constructed as shown on the sketch. You gave me a booklet this morning that describes driveway construction Brett McCully - Re: 513 A&B Cooner Page 4 requirements. The sketch I made on the Permit form fits the COMMERCIAL AND MULTIFAMILY DRIVEWAY REQUIREMENT and I feel the work done improves the appearance of the neighborhood. With the above information, I feel the driveway should remain as it is. Sincerely, David O'Neal College Station. Embracing the past, Exploring the future. City of College Station email addresses are changing! Please note the extension "@ci.college-station.tx.us" has been changed to "@cstx.gov". Although the original address will continue to work, please update your files to contain the new, shorter address. College Station. Embracing the past, Exploring the future. City of College Station email addresses are changing! Please note the extension "@ci.college-station.tx.us" has been changed to "@cstx.gov". Although the original address will continue to work, please update your files to contain the new, shorter address. CC: Jon Mies; Natalie Ruiz