HomeMy WebLinkAboutZBOA Minutes 2008-07-01 Regular07/01/2008 ZBOA 040
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
July 01, 2008 )(
Minutes of a Special Meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday,
July 01, 2008 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive,
Friendswood, Texas, with the following present constituting a quorum:
Vice Chairman Steve Knis
Regular Member David O’Brien, III
Regular Member Ronald Dyer
Regular Member Delvin Kendrick
Alternate Member Mike Czarowitz
Alternate Member Carol Thelen
Alternate Member Glen Grayban
City Attorney Bobby Gervais
Building Official Frank Manigold
Staff Liaison Melinda Welsh
Chairman Greg Hughes and alternate member Linda Thornton were absent from the meeting.
Vice Chairman Steve Knis called the meeting to order at 7:00 PM.
7:00 PM – REGULAR SESSION
Vice Chairman Knis appointed alternate member Mike Czarowitz as a regular voting member for
tonight’s meeting due to Chairman Hughes absence.
Vice Chairman Knis explained the process for holding the public hearing.
Vice Chairman Knis called the hearing to order to receive public input regarding a variance for property
located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County,
Texas of required twenty-five (25) foot rear yard setback of Appendix C – Zoning, Section 7.Q.3.,
Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed
home already constructed beyond the rear yard and setback line.
No one spoke for or against the proposed request.
Hearing no further input the Public Hearing was closed.
Deputy Director of Community Development Frank Manigold stated that no applicant was in attendance.
Vice Chairman Knis stated maps and drawings are not available from the applicant since he was not in
attendance. Mr. Manigold stated the builder submitted a site plan which is given to Community
Development to see if a house will fit on the lot, the inspector that was looking at this was looking at
pipeline setback, was concerned that structure was 50 ft . away from pipeline, inspector did not want to
sign the site plan because he was concerned. Mr. Manigold stated that he assured him it was okay and
said he stamped it approved and went on with the permit, survey was stamped June 10, engineer looks at
the foundation, should have form survey before they pour. Boardmember O’Brien stated there is supposed
to be 25 ft. setback. Mr. Manigold stated it was missed because they were worrying about the pipeline
07/01/2008 ZBOA 041
instead of the fact that they only had 13-15 ft. setback. Vice Chairman Knis asked if builders usually
know setback rules and Mr. Manigold answered yes. Boardmember Czarowitz asked about plumbing
inspection before and Mr. Manigold stated yes. Boardmember Dyer asked if other Brentwood Homes
were built there and are they 25 ft. setback and Mr. Manigold said yes and further stated he does not have
the addition of the garage on the side and does not have the correction on the engineer letter saying h e
saw the extension of the garage. Boardmember O’Brien asked if rear setback is the only issue and Mr.
Manigold answered yes. Boardmember Dyer asked if it is supposed to be 25 ft. what is it now and Mr.
Manigold stated 15.82 feet. Vice Chairman Knis asked about nearest home to property, pipeline
easement is there so area around will not be constructed. Vice Chairman Knis asked Mr. Manigold if he
had any more comments, Mr. Manigold said no, mistake was made on site plan, usually caught on form
survey. Boardmember O’Brien asked when the City mistakenly approved it, it was only 13 ft. but
Brentwood Homes changed to 15 ft. Vice Chairman Knis asked whose responsibility is it to make sure it
is done correctly, Brentwood Homes obviously knew it was 25 ft., it is their ultimate responsibility to
submit plans to meet zoning, even if it is approved it does not change the zoning requirements . Mr.
Manigold said he takes responsibility for missing this at the first go-round. Vice Chairman Knis asked if
Brentwood Homes brought this to Community Development Department’s attention and Mr. Manigold
stated when they brought in the survey was when the Community Development Department noticed it.
Brentwood Homes stated at that time it was ready for a cover inspection. Boardmember Kendrick asked
how common is it for builders usually to wait to ask for a cover inspection . Mr. Manigold stated it is not
that common and further stated a survey is required before they pour the slab for this reason as a second
look before pouring concrete. Boardmember Dyer confirmed that the Community Development
Department did not receive the survey until after the slab was poured and Mr. Manigold stated that is true.
Vice Chairman Knis asked if this builder had done business with the City before and Mr. Manigold
answered in the affirmative.
Vice Chairman Knis asked clarification from the City Attorney about options. City Attorney Bobby
Gervais stated the Board can grant a variance with conditions. Vice Chairman Knis asked if since the
applicant is not at the meeting can the Board table the variance until the next scheduled meeting and the
City Attorney said yes. Mr. Manigold stated no work is going on. Boardmember Czarowitz said yes the
builder was working on it. Boardmember Kendrick stated he is concerned that someone who seemingly
knows the rules would miss something like this.
**Boardmember Kendrick made a motion to approve the variance as requested for property located at
600 Northfield Drive.
Seconded by Boardmember Czarowitz. The motion failed 1-4 with Boardmembers Dyer, Knis, Czarowitz
and Kendrick opposed.
A motion was made and approved to adjourn at 7:38 PM.
Steve Knis
Vice Chairman
Attest:
Melinda Welsh, Deputy City Secretary
ZBOA Staff Liaison