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HomeMy WebLinkAboutZBOA Minutes 2008-03-25 Regular03/25/2008 ZBOA 034 State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( March 25, 2008 )( Minutes of a Regular Meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday, March 25, 2008, at 7:00 PM at Friendswood City Hall Second Floor Conference Room, 910 S. Friendswood Drive, Friendswood, Texas, with the following present constituting a quorum: Chairman Greg Hughes Regular Member David O’Brien, III Regular Member Ronald Dyer Regular Member Delvin Kendrick Alternate Member Mike Czarowitz Alternate Member Linda Thornton Alternate Member Carol Thelen Alternate Member Glen Grayban City Attorney Bobby Gervais Building Official Frank Manigold Staff Liaison Sharon Parks Vice Chairman Steve Knis was absent from the meeting. Chairman Greg Hughes called the meeting to order at 7:00 PM. 7:00 PM – REGULAR SESSION Chairman Hughes explained the process for holding the public hearing. Chairman Hughes appointed alternate member Mike Czarowitz as a regular voting member for this meeting due to Vice Chairman Steve Knis’ absence. Chairman Hughes called the hearing to order to receive public input regarding a variance for property located at Terra Bella Subdivision, Section 1, Bay Area Boulevard, Harris County, Texas, requesting a variance of the front setback requirements of Appendix C – Zoning, Section 7.Q.3.H., Regulation Matrix- Residential Districts, of the Friendswood City Code to allow exemption of additional five (5) foot setback. Chris Graham, TMT owner, and Gordon Miller, builder of Terra Bella Subdivision, applicants, asked for clarification and/or an affirmative statement from the Board that the building line on the approved plot plan is the building line that they can rely on for building their houses. Mr. Miller stated that changing the building line would effectively reduce the usable size of the lot , anything less than 78 feet would change the price of the house and would make it like a small starter home which the land price would not support, and further stated that a lot of money had been put into the floodplain and other improvements so they would like to salvage the project. Chairman Hughes asked if anyone would like to speak for the proposed request. Lloyd Trevino from Patriot Bank stated he would like to speak in favor of the project and that his bank loaned money for the project relying on the documentation which was provided as true and correct. 03/25/2008 ZBOA 035 Kevin Holland, Friendswood resident, stated he was Chairman of the Planning and Zoning Commission at the time the project was started, spoke in favor of the project and stated that he signed off on the plat. Boardmember Dyer asked Mr. Holland if it was the City’s intent, at the time the drawing was made, that this was the way the subdivision was going to be built. Mr. Holland replied yes. Community Development Director Les McMahon reiterated what Mr. Holland stated about the project and that a variance should be given. Chairman Hughes asked if anyone would like to speak against the proposed request. Hearing no further input, the Public Hearing was closed. **Boardmember Czarowitz moved to approve the variance for the Terra Bella Subdivision as requested. Seconded by Boardmember Kendrick. The motion was approved unanimously. Chairman Hughes called the hearing to order to receive public input regarding a variance for property located at 1529 Sunmeadow Boulevard (Tract C), Lot 1, Block 1, Fairway Estates Subdivision, Galveston County, Texas of required ten (10) foot rear yard setback of Appendix C – Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a wooden deck patio with cover already constructed beyond the rear yard setback. Diane Wilson, applicant, stated that her builder, Bayway Homes, told her that she coul d build a deck as long as she did not interfere with the drainage of the water, Homeowner’s Association approved her plans to build a deck and no one said she needed a City permit so she did not apply for one. She further stated that the deck was not permanent because it can be moved so she asked for a variance on the utility easement. Chairman Hughes asked if anyone would like to speak in favor of the proposed request. Woody Seybert, Friendswood resident, stated he would like to speak in favor of the variance. He further stated that he was also told by his builder, Bayway Homes, that he could build a deck as long as it did not impede the flow of water. Jim Thomas, Friendswood resident, stated he would like to speak in favor of the variance. Chairman Hughes asked if anyone would like to speak against the proposed request. Hearing no further input, the Public Hearing was closed. Boardmember Dyer asked Deputy Director/Planning and Building Regulations Frank Manigold if the City would have allowed the deck to be built. Mr. Manigold stated that the City would not have allowed the deck to be built because of the setback. There was additional discussion regarding public and private easements, standards for building decks, and permanent and temporary structures. **Boardmember Dyer moved to approve the variance as requested for 1529 Sunmeadow Boulevard. Seconded by Boardmember O’Brien. The motion failed unanimously. Deputy Director/Planning and Building Regulations Frank Manigold stated he will send the applicant options for an appeal. 03/25/2008 ZBOA 036 **Boardmember Czarowitz moved to approve the minutes for December 18, 2007. Boardmember Kendrick seconded the motion. The motion was approved unanimously. A motion was made and approved to adjourn at 8:00 PM. _______________________________ Greg Hughes Chairman Attest: ___________________________ Sharon Parks, Administrative Secretary ZBOA Staff Liaison