(8)(a)
CITY COMMISSION REGULAR MTG
- Meeting Date:
- 04/19/2023
- Title:
- Consider and take action regarding a replat and variance request for 10625 Hillman Drive, Texas City.
- Submitted For:
- Kim Golden
- Submitted By:
- Veronica Carreon, Transportation and Planning
- Department:
- Transportation and Planning
Information
ACTION REQUEST
Consider and take action regarding denial of a variance request for 10625 Hillman Drive, Texas City.
BACKGROUND (Brief Summary)
The Applicant seeks to subdivide an existing undersized lot (0.952 acre) into smaller lots (0.482 acre and 0.470 acre) for the purpose of selling the open space to a third party who owns adjacent property (5606 David Street) which is also undersized (0.414). The sale transaction will not result in either property being compliant with the requirements of the applicable Texas City ordinances.
Applicant states the buyer of the property is acquiring the property as an extension to the existing backyard space. The area of the proposed sale is landlocked and would be consolidated with the buyer’s existing property resulting in a new lot size of 0.882 acres. Applicant’s property would be reduced from 0.952 to a remainder of 0.482. Both properties have existing septic systems and the footprint of the existing structures will not change.
Applicant states the existing residential structure at 10625 Hillman is vacant and needs extensive repairs. Applicant has no immediate plans to repair the structure.
All septic permits pre-date current requirements and will not support any expansion or addition to the existing structures. This limitation impacts the property valuation and re-sale potential of the home on an as-is basis.
The property is located within an AE flood zone which will also tend to suppress any increase in property value.
The Planning Board considered the matter at its regular meeting on March 20, 2023. The applicant was present and affirmed the facts regarding the variance. The Planning Board recommended by split vote (3-1-1) APPROVAL of the variance upon finding property owners should be able to use their property however they want if it is not detrimental to nearby properties. Approval of the variance upon such basis would not satisfy the requirements of the ordinance which states: “no variance shall be granted unless the Commission finds:
Applicant states the buyer of the property is acquiring the property as an extension to the existing backyard space. The area of the proposed sale is landlocked and would be consolidated with the buyer’s existing property resulting in a new lot size of 0.882 acres. Applicant’s property would be reduced from 0.952 to a remainder of 0.482. Both properties have existing septic systems and the footprint of the existing structures will not change.
Applicant states the existing residential structure at 10625 Hillman is vacant and needs extensive repairs. Applicant has no immediate plans to repair the structure.
All septic permits pre-date current requirements and will not support any expansion or addition to the existing structures. This limitation impacts the property valuation and re-sale potential of the home on an as-is basis.
The property is located within an AE flood zone which will also tend to suppress any increase in property value.
The Planning Board considered the matter at its regular meeting on March 20, 2023. The applicant was present and affirmed the facts regarding the variance. The Planning Board recommended by split vote (3-1-1) APPROVAL of the variance upon finding property owners should be able to use their property however they want if it is not detrimental to nearby properties. Approval of the variance upon such basis would not satisfy the requirements of the ordinance which states: “no variance shall be granted unless the Commission finds:
- There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
- The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
- The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
- The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter."
Staff recommends denial of the variance upon the following recommended findings: (i) there are no special geographic conditions affecting the land involved; (ii) the variance will not preserve the enjoyment of a substantial property right because although the property can continue to be used as it exists, the existing septic systems will not allow expansion or upgrade of the existing residences; (iii) the variance would be detrimental to the public health by not decreasing the housing density in an area which does not have off site sewer services; and (iv) the replatting into smaller lots would increase the complexity of future lot consolidation required for the eventual replacement and upgrade of the existing septic systems.
RECOMMENDATION
Recommendation from Staff: Staff recommends DENYING the variance because the findings necessary to support a variance cannot be made for the following reasons:
(i) there are no special geographic conditions affecting the land involved,
(ii) the variance will not preserve the enjoyment of a substantial property right because although the property can continue to be used as it exists, the existing septic systems will not allow expansion or upgrade of the existing residences,
(iii) the variance would be detrimental to the public health by no decreasing the housing density in an area which does not have off site sewer services, and
(iv) the replatting into smaller lots would increase the complexity of future lot consolidation required for the eventual replacement and upgrade of the existing septic systems.
Recommendation from Planning Board (3-1-1): To APPROVE the variance to replat the properties between the two owners, realizing it does not affect any of the perimeter properties, and it does not overall change the fact that both owners are underneath the 2 acre minimum limit.
(i) there are no special geographic conditions affecting the land involved,
(ii) the variance will not preserve the enjoyment of a substantial property right because although the property can continue to be used as it exists, the existing septic systems will not allow expansion or upgrade of the existing residences,
(iii) the variance would be detrimental to the public health by no decreasing the housing density in an area which does not have off site sewer services, and
(iv) the replatting into smaller lots would increase the complexity of future lot consolidation required for the eventual replacement and upgrade of the existing septic systems.
Recommendation from Planning Board (3-1-1): To APPROVE the variance to replat the properties between the two owners, realizing it does not affect any of the perimeter properties, and it does not overall change the fact that both owners are underneath the 2 acre minimum limit.
Fiscal Impact
Attachments
- Staff Memo for 10625 Hillman Dr
- 10625 Hillman Dr - Surveys
- 10625 Hillman Dr - Application & Narrative
- 10625 Hillman Dr - Aerial View
- Minutes
- Ordinance