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HomeMy WebLinkAbout594-BA DATE: June 18, 2009 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a variance to the minimum side yard building setback from 5' to 2.5' FILE: 594-BA STAFF REPORT Gary Watson, dba G. Watson Racing, has applied for a variance to the minimum side yard building setback from 5' to 2.5'. The property is located at 4210 College Street. Mr. Watson states that a building permit was granted for a new shop building on the northeast corner of his property. The permit was approved with a 5' side building setback. However, when the city inspector made an inspection of the foundation framing, he found that the foundation was within 2.5' of the property line. Mr. Watson states that the reason for this encroachment is that the side property lines are not parallel. About mid-point, the lot begins to narrow as the east property line leans towards the northwest. Apparently, the contractor was not aware of this and laid the foundation forms incorrectly. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Gary Watson, dba G. Watson Racing PROPERTY OWNER: Same LOCATION: 4210 College Street EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.4134 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Nursing home GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Stable Area STREETS: College Street - Major arterial with 6 lanes and a left turn lane DRAINAGE: Curb and gutter WATER: 12" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS CNL INCOME FUND VIII LTD HSMTX/BEAUMONT LLC DODSON RUTH MOUNTAINPRIZE INC DOYLE DAWSON MOTOR CO INC REMIREZ JUAN P & ANTONIO HIGHWAY 96 PROPERTIES LLC